12.10.2021

Obtaining permission from the National Bank to carry out foreign exchange transactions. Currency regulation. law - the legislation of the republic of belarus. In what cases it is possible not to issue a permit of the national bank to establish a non-resident organization


8:00 25.08.2017

The site's readers have repeatedly contacted the editorial office with a question whether they can open an account in a bank in another country. Tatiana Lyzo, a lawyer at the corporate practice of REVERA, told about how to do this so that there are no problems with the law. .

As a general rule, to open an account with a bank or non-bank credit and financial organization abroad, including in an EAEU member country, Belarusians need permission from our National Bank, the specialist explained.

You do not need to receive it in two cases. The first one - when opening an account for accounting of credit transactions in foreign currency and in Belarusian rubles

The second - during the period of residence / stay outside Belarus (clause 37, clause 38 of the Rules for Conducting Currency Transactions), provided that the Belarusian has a residence permit, visa, temporary residence permit in the country or other document confirming that the person is abroad legally. At the same time, you can freely come to Belarus and return to the country of temporary stay.

However, not all of our compatriots know about the need to obtain permission from the regulator, and when opening an account abroad, a foreign bank, most likely, will not remind about this. And it turns out that the Belarusians are not acting entirely legally.

In general, for individuals, responsibility for opening an account without the permission of the National Bank has not been established - it is valid only for employees of companies and for individual entrepreneurs, in the event that a Belarusian legal entity has opened an account in violation, the expert continues.

If an individual nevertheless received permission from the National Bank, but violated its conditions, this threatens with administrative liability in the form of a fine from 5 to 35 basic units (115-805 rubles).

They can also be held liable if an individual uses an account in a foreign bank for currency transactions related to the movement of capital - the purchase of shares and other securities, real estate.

For this, a fine from 50 to 100 basic units (1150-2300 rubles) is imposed, since such operations require the permission of the National Bank.

It is expected that by 2019 the need to obtain a permit from the National Bank will be abolished altogether for individuals. This is provided for by a set of measures to implement the Program of Social and Economic Development of the Republic of Belarus for 2016-2020, - says the lawyer.

However, it should be noted that the draft amendments to the Tax Code, recently published by the Ministry of Finance, proposes to oblige tax residents of Belarus, including individuals in the status of individual entrepreneurs, to notify the tax authorities about the opening and closing of foreign accounts. The term for such notification is 30 calendar days from the date of opening or closing the account.

Violation of the notification obligation will result in a fine from 2 to 30 basic units (46-690 rubles). If the current project is approved, the changes will take effect on January 1, 2018.

Thus, it is possible that the authorization procedure for opening accounts will soon be replaced by a notification procedure, as it is in Russia.

25 August 2016 9713

After the publication of an article in which we compared the opening of cards in Belarusian and Russian banks, we began to receive comments from readers - to open an account in a bank of another country, you need permission from the National Bank of Belarus. Representatives of the Belarusian regulator commented on the situation.

Official commentary of the National Bank of the Republic of Belarus

On August 23, 2016, an article was posted on the site, where a comparative analysis of the algorithm for issuing a bank card in a non-resident bank ( Alfa - Bank, Moscow, Russia) and banks of the Republic of Belarus. It should be noted that the procedure for issuing a bank card involves opening a current bank account with a non-resident bank.

The General Directorate of Foreign Exchange Regulation and Foreign Exchange Control draws attention to the fact that NSthe procedure for opening bank accounts by an individual - a resident of the Republic of Belarus- non-residents are governed by the norms of Article 19 of the Law of the Republic of Belarus "On currency regulation and currency control" and Chapter 8 of the Rules for Conducting Currency Transactions, approved by the Resolution of the Board of the National Bank of the Republic of Belarus dated April 30, 2004 No. 72.

In accordance with the above-mentioned regulatory legal acts, resident individuals open accounts with non-resident banks on the basis of the permission of the National Bank of the Republic of Belarus.

Procedure for issuing permits Of the National Bank is established by the norms "Instructions on the procedure for issuing permitsand providingnotificationsrequired for the purposes of currency regulation " approved by the Resolution of the Board of the National Bank of August 26, 2015 No. 514 (hereinafter - Instruction No. 514) (located on the website of the National Bank at http://www.nbrb.by).

So, in accordance with paragraphs 1 and 2 of Appendix 1 to Instruction No. 514, individuals, in order to obtain permission to open an account in a non-resident bank, submit to the National Bank an application of any form, a copy of an identity document.

Individuals represent other documents facilitating the consideration of the application in essence and confirming the need to open an account.

Separately, it should be noted that in accordance with paragraph 38 of the aforementioned Rules, individuals - residents no permission required Of the National Bank of the Republic of Belarus for opening an account in a non-resident bank during the period of their residence (finding) outside the Republic of Belarus.

Under the period of residence an individual outside the Republic of Belarus means the period of time during which a resident individual resides (is) abroad and has a residence permit, visa, temporary residence permit or other document, confirming the fact of being outside the Republic of Belarus on a legal basis.

In accordance with part four of clause 38 of the above Rules, an individual is a resident may not close an account with a non-resident bank in case if, within the period specified in the document authorizing his residence (stay) abroad, including a visa, he arrives in the Republic of Belarus, and then returns to the country of temporary residence (stay).

At the end of the period of residence (stay) specified in the document authorizing stay abroad, an individual must close the account and transfer the balance of the account to the Republic of Belarus, or import, in compliance with customs rules, all foreign currency values ​​received abroad into the Republic of Belarus, or obtain permission from the National Bank to open an account in non-resident bank. Infobank. bythanks the National Bank for the provided comment.

Before opening an account, registering (establishing) or buying a company (share) abroad, citizens of Belarus must obtain permission from the National Bank of the Republic of Belarus. Consider in what cases it is necessary to obtain permission from the National Bank of the Republic of Belarus when registering or buying a new company. How difficult it is to get it. And what are the consequences, if this permission is not obtained, to register the organization, and the National Bank will find out about it.

How to obtain permission from the NBRB to register (establish) a foreign company?

The instruction on the procedure for issuing a permit was approved by the resolution of the Board of the National Bank of August 26, 2015 No.? 514.

It is required to provide the following documents to the National Bank:

  1. A photocopy of the applicant's founder's passport
  2. Draft memorandum of association (charter) with translation into Russian;
  3. Application justification in any form

Registration of the permission of the National Bank of the Republic of Belarus for the purchase (share) of a company in a foreign state?

The docs are slightly different:

  1. A photocopy of the applicant's buyer's passport;
  2. Original or n / a copy of constituent documents (charter, constituent agreement) of the non-resident company + translation into Russian, certified by the seal of the translation agency;
  3. Original or n / a copy of an extract from the commercial register of a non-resident company (not older than 3 months) + translation into Russian, certified by the seal of the translation agency.
  4. Purchase and sale agreement with the seller of the legal entity;
  5. The petition is justified in any form.

Copies of documents must be certified by the signature of the applicants. The application can be submitted in person by dropping the documents in the mailbox at the head office of the National Bank, or sent by registered mail to the address: Independence Avenue, 20, 220008, Minsk, Republic of Belarus. The application is considered for 15 days. Then you will receive an answer to the specified return address.

When can an NBRB permit to open or acquire a company be refused?

For example, you have not provided a sales contract or an extract from the commercial register of a foreign company for more than 3 months, or copies of documents are not properly certified. The package of documents for the second founder turned out to be incomplete, etc. The letter from the National Bank sent to your address will indicate the reasons for the refusal. You will be given time to correct errors, the term for consideration of the application will be extended.

  • Incorrect application

The petition does not have sufficient justification for issuing an NBRB permit. The reasons given are not true.

  • Applicant is legally restricted

If the applicant is under investigation, litigation is underway, law enforcement agencies have imposed restrictions, and the National Bank has become aware of this, they may issue a refusal to obtain permission to register or purchase assets abroad.

If you need help in obtaining permission from the National Bank of the Republic of Belarus, then by all means contact the company website

Obtaining permission from the National Bank of the Republic of Belarus to register or purchase a foreign company - 200 BYN

In what cases is it possible not to issue a permit from the national bank to establish a non-resident organization?

  • If the authorized capital of the registered company is formed by intangible assets (laptop, telephone, car). In this case, there is no movement of funds abroad. And accordingly, you do not need to obtain permission from the NBRB.
  • The company is registered without forming a statutory fund. Some forms of ownership, for example, a private entrepreneur, can be registered without forming a statutory fund.
  • The company has the right not to contribute funds when forming the statutory fund. Then the founder has a payable to the company in the amount of unpaid funds. Not all forms of ownership and not in all countries allow the formation of UV in this way.
  • If you live more than 183 days outside the country, and you are not a tax resident of the Republic of Belarus. You must have a long-term visa or foreign residence permit at the time of purchase or company registration.

What if you don't get permission and start a company? How does the National Bank of the Republic of Bashkortostan find out about this?

Probably, if you don’t show up with your company in Belarus, it won’t know. But if you plan to conduct business in Belarus, then the information can reach the National Bank. The National Bank will check you and report this violation to the Tax Inspectorate, which, in accordance with the President's decree of 09.02.2015 No. 49 "On ensuring order in the implementation of foreign exchange transactions", may impose a fine on you in the amount of 50-100 base units.

In the Belarusian legislation, liberalizations are constantly taking place: the restriction on prepayment was canceled, the limits for the mandatory sale of foreign exchange earnings were reduced, the accounts were transferred to the IBAN format, and it is likely that in the near future it will be possible to open or establish a company without obtaining the permission of the National Bank of the Republic of Belarus.

We remind you that within 5 working days after the registration of a company abroad in accordance with cl. 1.9.2. clause 1 of Art. 22 of the Tax Code of the Republic of Belarus, it is necessary to notify the tax authority at the place of registration. An application is submitted in any form.

If you need to obtain permission from the National Bank of the Republic of Belarus to open or purchase a company (shares, shares, interests) in Lithuania, Latvia, Estonia, Poland or any other country, or get advice on this matter, then by all means contact our specialists.

Obtaining permission from the National Bank of the Republic of Belarus to register or purchase a non-resident company - 200 BYN

Most Belarusians have enough accounts in Belarusian banks. But if you often travel to another country or earn some money abroad, it may be more convenient to have an account and a card attached to it in a foreign bank - this way you can avoid fees for withdrawing or transferring money. True, in order to acquire an account in a foreign bank, you need to obtain permission from the National Bank. Komsomolskaya Pravda has collected answers to naive questions about accounts abroad.

Can I open an account in a foreign bank if I live in another country?

In this case, there are no restrictions and permission from the National Bank is also not needed. The main thing is to prove, if necessary, that you have been abroad for a really long time. A residence permit, a temporary residence permit or a long-term visa can be used as such evidence. If you come to Belarus for a visit and then go abroad again, you do not need to do anything with the account. But if you return home for good, and the account in a foreign bank is not closed, it will become illegal.

At the end of his stay abroad, an individual is obliged to close an account and transfer the balance of funds to Belarus, or import, in compliance with customs rules, all foreign currency values ​​received abroad, or obtain permission from the National Bank to open an account with a non-resident bank, - list the options in the main Department of foreign exchange regulation and foreign exchange control of the National Bank.

What if I just often travel abroad on a multiple-entry Schengen visa?

Experts explain that the decisive factor here will be not so much a visa (after all, you can never go anywhere on it at all), as proof of your continuous stay abroad. But at the same time, the visa can be any: work, study, and ordinary tourist. It turns out that if you spend a lot of time in the same Europe, then you can open an account in a foreign bank during your stay abroad.

I don't live abroad, but I still want a foreign bank account. How do I get permission?

In this case, you need to contact the National Bank with a copy of your passport and a special application.

The application must indicate your personal and contact information, passport details (series, number, by whom and when issued), as well as the justification for the need to open an account, the location and name of the non-resident bank in which it is supposed to open, - explain in the main department of foreign exchange regulation and currency control of the National Bank.

In addition to the application, you will also need any other documents to help you prove that you actually need an overseas account. If, for example, you have relatives in Russia whom you regularly visit, and during these trips it would be convenient for you to use an account in a Russian bank and a card attached to it, you can try to submit information about these relatives and tickets from previous ones to the National Bank. trips to them. However, there is still no clear scheme of actions or a specific list of required documents, and the result is also impossible to predict. In each case, the National Bank will make a decision individually.

By the way, if you manage to get permission for an account abroad, keep in mind: the National Bank will send a copy of it to the tax authorities at the place of your registration.

Can Belarusians open accounts and cards in Russian banks?

We live in the Eurasian Economic Union, there is no border with Russia, you can study, work and work in Russia without any problems ... But we still cannot use Russian banks like Belarusian ones. The law says that you need to obtain permission from the National Bank if you want to open an account with a non-resident bank. That is, in any that is not registered in Belarus.

How will I be punished if they find an illegal account abroad?

There are no unambiguous rules for this case. For example, the country's main bank will not look for you at all.

The issues of applying measures of responsibility to individuals are not within the competence of the National Bank, - confirm in the main department of currency regulation and currency control of the National Bank.

But the tax authorities may be interested in your overseas accounts. However, the tax authorities do not recognize how exactly one can find a Belarusian account in a foreign bank.

When establishing the fact of receipt of income abroad, including deposited on accounts in foreign banks, the tax authorities may ask where the citizen got this money, - the Ministry of Taxes and Duties explains. - In this case, the citizen will need to submit a declaration of income and property and indicate his sources of income in it. If, for example, funds received in the form of salaries or from close relatives were placed on such an account with a bank, then the tax authorities will not have any claims against it. But if the citizen cannot explain the origin of this money, then he will have to pay an income tax of 13% on this income.

BY THE WAY

To open an account abroad, you only need a passport

A foreign bank will not ask you if you have received permission from the National Bank to open an account abroad. However, this does not mean that the Belarusians will be welcomed there with open arms.

For non-residents of the Russian Federation, each decision will be made individually. Most likely, you will have to additionally justify the need to open an account, - reported in one of the largest Russian banks.

In another bank, however, they were not so categorical.

You need to come to the bank branch with your passport and choose any of the available service packages. There are no restrictions, ”said the contact center of another Russian bank.

In Lithuanian and Polish banks, the situation is generally the same. Somewhere you will easily open an account with one passport, and somewhere they will ask you to bring proof that you live, work or study in their country. By the way, the conditions for opening an account in foreign banks are about the same as in Belarusian ones. Its maintenance will cost about 10 - 25 euros per year (in terms of), and upon opening it may be asked to deposit an average of 100 to 500 euros on it. And do not forget that a commission will be charged for withdrawing cash from a foreign bank card in Belarus. But you can pay in cafes, shops and the Internet without additional payments.

HAVE A QUESTION

Can I get a loan from a foreign bank?

To borrow money from a foreign bank, the permission of the National Bank is not required. So, if you find a bank where they agree to give a loan to a foreigner, you can safely apply to him for money. True, it is not easy to do this even among the neighbors. Komsomolskaya Pravda phoned several Russian banks, but in each of them Russian citizenship is a prerequisite for obtaining a loan. Only in one did we manage to find a proposal for Belarusians, but at the same time it was very specific.

You can take a mortgage loan from us, but only if you receive a salary on a card of our bank, - said in the contact center of one of the Russian banks.


The procedure for issuing permits to conduct operations related to capital flows

The National Bank of the Republic of Belarus adopted Resolution No. 90 dated June 11, 2004, which approved <<< Инструкция о порядке выдачи разрешений (registration certificates) for carrying out foreign exchange transactions and for openingaccounts outside the Republic of Belarus >>>, as well as submitting notifications to the bank when performing currency transactions (hereinafter referred to as the Instruction).

The adopted Instruction is a rather voluminous, difficult to read normative act, the third chapter of which consists practically of some references to other points of the Instruction. And in the text, the new document overlaps very strongly with <<< постановлением Of the Board of the National Bank of the Republic of Belarus No. 72 dated April 30, 2004 >>>(hereinafter - Resolution No. 72). The reason why it was impossible to fit everything into one document is not clear.

At the same time, compared with <<< Правилами проведения операций, связанных with capital flow >>>, approved by the Resolution of the Board of the National Bank of the Republic of Belarus dated April 28, 2001 No. 100 (hereinafter - Rules No. 100), the Instruction is a more perfect, more specific document. It establishes the procedure for issuing permits for both individuals and legal entities. For individual entrepreneurs, the same conditions for obtaining permits apply as for legal entities. Let's consider the main provisions of the adopted Instruction.

Individuals

The National Bank issues permits to individuals to conduct operations related to the movement of capital in cases specified <<< Законом Республики Belarus "On currency regulation and currency control" >>>(hereinafter referred to as the Law). There are several such cases, and they are listed both in the Law and in the Instruction.

Thus, permits to individuals are issued to conduct foreign exchange transactions related to the movement of capital:

· On the acquisition of shares during their distribution among the founders, as well as a share in the authorized fund or a share in the property of a non-resident;

· The acquisition of securities issued by non-residents, with the exception of the acquisition of shares during their distribution among the founders;

· Acquisition of ownership of property located outside the Republic of Belarus and classified as immovable property under the legislation of the Republic of Belarus;

· Placement of funds in non-resident banks;

· Providing loans for a period of more than 180 days.

A permit is issued, as before, on the basis of an application from an individual, with the only difference that the adopted resolution does not contain a norm that gives the National Bank the right to additionally request other documents. The same is true when individuals receive permits to open accounts outside Belarus.

According to Resolution No. 72, individuals have the right to open accounts with non-resident banks both in foreign currency and in Belarusian rubles. Permission must be obtained in any case. If a resident individual lives abroad, then a permit is not required.

An individual can also transfer funds to his account opened with a non-resident bank in a non-cash manner in accordance with Resolution No. 72.

The movement of funds of individuals in cash is regulated by a separate normative act, namely by the resolution of the Board of the National Bank and the State Customs Committee of the Republic of Belarus dated April 30, 2004 No. 73/38, which approved <<< Инструкцию о порядке ввоза, вывоза и пересылки foreign currency, Belarusian rubles, payment documents in foreigncurrency, documentary securities in Belarusian rubles and foreigncurrency by individuals across the customs border of the Republic of Belarus >>>.

Legal entities and individual entrepreneurs

Business entities carry out operations related to the movement of capital on the basis of the permission of the National Bank in the registration or notification procedure. V <<< Инструкции >>> (as, incidentally, in Resolution No. 72) contains a specific list of operations for which either a permit or a certificate of registration is required. It is somewhat more difficult for business entities to determine the list of notification operations.

So, in a notification procedure, operations related to the movement of capital are carried out, with the exception of those that are carried out with a permit or certificate of registration of the National Bank, as well as those that, in accordance with the Law, do not require a permit. That is, in order for a business entity to decide nevertheless whether it is necessary to submit a notification to the bank on any operation, it will need to spend a lot of time comparing several regulations.

The notification form is attached to the adopted Instruction and is submitted to banks before the payment is made (if it is an import payment) and within 5 working days from the date of receipt of funds on the account (if it is an export transaction), i.e. within the period established for submission to the bank of documents confirming the export transaction. In the future, the banks, on the basis of the submitted notifications, send the relevant reports to the National Bank, which, of course, are used by the regulatory authorities.

Registration procedure

The following operations are carried out in the registration procedure:

Settlements for transactions involving the export of goods (works, services), protected information, exclusive rights to the results of intellectual activity, with the provision of a deferral for payment for goods (performance of works, services), transfer of protected information, exclusive rights to the results of intellectual activity for a period exceeding 180 days between the date of shipment of goods (performance of work, provision of services), transfer of protected information, exclusive rights to the results of intellectual activity and the date of receipt of funds, including the implementation of such settlements using securities that perform the functions of settlement documents, if the payment deadline for the security ensures the receipt of funds within a period exceeding 180 days from the date of shipment of goods (performance of work, provision of services), transfer of protected information, exclusive rights to the results of intellectual activity;

Settlements for transactions involving the import of goods (work, services), protected information, exclusive rights to the results of intellectual activity, with the provision of a deferral for the supply of goods (performance of work, provision of services), transfer of protected information, exclusive rights to the results of intellectual activity for a period exceeding 180 days between the date of payment to a non-resident and the date of receipt of goods (performance of work, provision of services), transfer of protected information, exclusive rights to the results of intellectual activity.

To consider the issue of registering these transactions, the subject of a currency transaction must contact the National Bank before 180 days from the beginning of the transaction, otherwise the registration certificate will be refused. In addition, at the time of filing an application for registration of the operation, the enterprise must obtain permission from the Ministry of Commerce to extend the term of the foreign trade operation. The presence of this document is a prerequisite for obtaining a certificate, since its absence, along with other mandatory documents that must be submitted to the National Bank in order to obtain a certificate, may serve as a reason for refusing to register a transaction.

The need for a permit from the Ministry of Trade follows from the norms of the Decree of the President of the Republic of Belarus dated 04.01.2000 No. 7 "On improving the procedure for conducting and controlling foreign trade operations" (hereinafter - Decree No. 7), according to which exporters ensure the receipt of export proceeds within 90 days from the date of shipment of the goods, and the goods for import must arrive within 60 calendar days from the date of payment. If the specified terms do not exceed 180 days, then according to Decree No. 7, the permission of the Ministry of Trade to extend the term of the foreign trade operation is sufficient, if they exceed, then their extension is carried out by this ministry subject to agreement with the National Bank. The approval procedure was not defined by the normative documents of the National Bank.

With the entry into force of Instruction No. 90, the approval is replaced by registration. In this regard, it would be logical to amend Decree No. 7.

One of the reasons why a business entity may be denied the issuance of a registration certificate is the inconsistency of the foreign exchange transaction with the legislation. In this case, clients may generally find themselves in an extremely desperate situation, given that there are quite a few reasons for admitting the fact that the transaction does not comply with the law. Moreover, this may even be a very insignificant violation that does not affect the result of the transaction. In this regard, business entities will have to pay maximum attention to the execution of contracts, since the legality of the transaction is primarily due to the terms of the contract.

Permissive order

The list of foreign exchange transactions that can be carried out with the permission of the National Bank is, again, contained both in Resolution No. 72 and in the Instruction. The list of documents submitted for obtaining permission from the National Bank has not practically changed. Copies of the submitted documents are numbered, laced, certified by the signature of the head of the subject of currency transactions and his seal, which was not previously provided. In addition, the procedure for obtaining permits has been specified, the procedure for suspending and renewing the validity of a permit has been determined, with the establishment of a time frame for the National Bank to make a decision.

The issuance of permits is carried out by the Main Directorate of Currency Regulation and Currency Control of the National Bank (hereinafter referred to as the Main Directorate) signed by the Chairman of the Board of the National Bank or his deputy directing the activities of this department.

The issuance of permits for retail trade, the provision of travel, insurance services can also be carried out by the Main Directorates for the regions at the place of state registration of the subject of foreign exchange transactions. In this case, the permits are signed by the head of the Main Directorate for the region or his deputy.

Settlements for permission are made only by the subject of foreign exchange transactions, which received permission. Transfer of rights by permission is not allowed.

Separate subdivisions, branches of legal entities, insurance agents - individuals carry out settlements in foreign currency for the types of permitted currency transactions on the basis of a permit issued to a legal entity.

The National Bank within 30 days is obliged to consider the documents submitted by the enterprise and issue a permit or refuse.

The grounds for refusing to issue a permit have been substantially changed. If earlier the National Bank could refuse to issue a permit only in three cases, now the list of such cases has been expanded.

The grounds for refusal to issue or extend the validity of a permit are:

· Submission by the applicant of improperly executed documents and (or) failure of the applicant to submit the documents necessary for obtaining a permit;

· Submission of false information to them;

Information available at the time of submission of documents from tax and other state bodies on unfulfilled obligations arising from the violation by the applicant of the legislation of the Republic of Belarus in the field of banking, tax, customs, currency regulation, including violation of the terms of previously issued licenses and permits of the National Bank *;

· Carrying out at the time of the application to the National Bank of a foreign exchange operation with a request for issuance of a permit for the implementation of which the applicant applies;

· The applicant's arrears in payments to the budget and (or) state extra-budgetary and budgetary trust funds on the date of contacting the National Bank;

· Unstable financial position of the applicant according to the submitted financial documents;

· Applying for a permit before the expiration of one year from the date of the decision to terminate the permit due to violation of the law;

· Failure by officials of the subject of currency transactions to test for work with foreign currency (for cases when testing is required);

· Failure to comply with the instructions of the National Bank (Main Department for the region) on previously issued permits;

· In other cases established by the Instruction.

It should be noted that due to the unstable financial situation and insufficient professional training of personnel, the enterprise may not have received permission for retail trade earlier. Obviously, with the adoption of a new <<< Instructions for issuing permits for any type of operation delivereddepending on the financial well-being of the enterprise >>>... The introduction of this rule is quite reasonable, since it makes it possible to avoid a certain risk of causing financial damage not only for the enterprise, but also for the Belarusian market.

To obtain permission to conduct transactions between the subject of foreign exchange transactions and an individual, the head and the chief accountant must be tested at the Main Directorate. Testing conditions have been slightly changed. Thus, the proportion of correct answers has been reduced from 94% to 80% for the manager and up to 84% for the chief accountant. The number of questions is not limited. Previously, a minimum of 50 questions was set. Testing on paper is not allowed.

The adopted Instruction also provides for the procedure for issuing permits for opening accounts by legal entities and in non-resident banks. Previously, the National Bank issued a license to open an account. It is allowed to open accounts for the same purposes as before. In particular:

· For maintenance outside the Republic of Belarus of a representative office (except for diplomatic and other official representative offices of the Republic of Belarus), a branch, a trading house;

· Maintenance of sanatoriums and other health institutions outside the Republic of Belarus;

· Financing of construction and installation, construction and repair, geological survey and other traveling work performed outside the Republic of Belarus;

· Settlements for transactions related to the implementation of production and economic activities on the territory of a foreign state;

· Attracting a loan, a loan from a non-resident bank, if the terms of the agreement provide for the opening of a checking account;

· Placement of funds (except for funds received from the budget) in a deposit account, a pledge account in a non-resident bank.

The list of documents for opening an account and the procedure for issuing permits remained the same. At the same time, the powers of the National Bank were changed in terms of monitoring compliance with the terms of permits. The need for inspections of enterprises on this issue by the Main Directorates has been canceled, as provided for by Regulation No. 100. In addition, now the National Bank does not have the right to demand the transfer of funds to accounts in authorized banks for any reason, which was previously allowed. Control is carried out on the basis of the submitted reports or other information submitted at the request of the National Bank.


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