Foreign exchange regulation is one of the key areas of financial law aimed at ensuring the stability of the national currency, protecting the interests of the state and participants in economic turnover. A special role in this system is played by operations related to the movement of capital: cross-border investments, lending, purchase of real estate abroad, placement of funds in foreign accounts, and attracting external loans. The Regulation on the Procedure for Conducting Certain Foreign Exchange Transactions, approved by the Resolution of the Board of the Central Bank of the Republic of Uzbekistan (reg. No. 2536), defines the procedure for carrying out such operations, the obligations of residents and banks, as well as control and accounting mechanisms.
The legal regulation of the relations under study is based on the following key acts:
These acts create a unified legal regime defining the concept of foreign exchange transactions, the classification of capital movement transactions, and the powers of the Central Bank to monitor their implementation.
Concept and Classification of Foreign Exchange Transactions
According to the Regulation, foreign exchange transactions related to the movement of capital include all transactions not related to current international settlements, including:
Particular attention is paid to transactions exceeding the established threshold (USD 10,000 equivalent): they may be carried out only with the decision of the President, the Cabinet of Ministers, or under an international treaty.
Procedure for Conducting Foreign Exchange Transactions
1. Document Flow
To conduct the transaction, the resident submits to the servicing commercial bank:
2. Electronic Interaction
The Regulation provides for the possibility of submitting documents in electronic form through the bank's software, in line with the course towards digitalization of the financial sector.
3. Role of Banks
The commercial bank is obliged to:
4. Accounting and Control
In case of a change in the main settlement account of the resident, operations are transferred to the new bank under an act of acceptance-transfer with information on completed transactions attached.
Obligations of Residents
Residents are obliged to:
Liability and Enforcement Measures
The Regulation expressly states that persons guilty of violating its requirements are liable under the legislation of the Republic of Uzbekistan. The following measures are applied:
Scientific and Practical Aspects
The considered normative act is an example of a combination of currency market liberalization and state supervision. On the one hand, residents are given the opportunity to invest abroad, attract foreign funds, and participate in international projects. On the other hand, a control mechanism is maintained aimed at preventing capital outflow and money laundering.
Modern trends require further digitalization of document flow, the introduction of automated monitoring systems, and strengthening of compliance control, which will minimize violations and simplify procedures for bona fide market participants.
The Regulation on the Procedure for Conducting Certain Foreign Exchange Transactions plays an important role in regulating cross-border capital flows. It ensures a balance between the interests of the state in protecting the currency market and the need to create favorable conditions for business. From a scientific and practical point of view, this document is of interest to lawyers, economists, and banking specialists as an example of a modern approach to currency regulation, combining control and liberalization.
Procedure for Conducting Foreign Exchange Transactions, Rights and Obligations of the Parties, Enforcement Measures
|
Regulation Element |
Content |
Responsible Parties |
Enforcement Measures and Liability |
|
Types of Foreign Exchange Transactions |
- Foreign investments (formation of charter capital, replenishment of branches) - Receipt and provision of credits, loans, leasing - Purchase/sale of real estate abroad - Placement of funds in foreign accounts - Attraction of external borrowed funds |
Residents (legal entities and individuals) |
For transactions > USD 10,000, a decision of the President/CM RU or international treaty is required; violation — recognition of the transaction as illegal, annulment of transfer |
|
Submission of Applications and Documents |
- Application form - Contract and annexes - Notarized translation and apostille for foreign documents |
Residents |
Bank refusal to execute the transaction until violations are eliminated |
|
Electronic Submission of Documents |
Possibility of electronic submission through the bank's system |
Residents, bank |
Same as paper submission — invalidity in case of non-compliance with the form |
|
Resident's Obligations |
- Conduct settlements through main deposit account - Notify the bank about changes in contract terms - Timely repay debt |
Residents |
Fines (Articles 155–156 of the Code of Administrative Responsibility), possible suspension of operations |
|
Bank's Obligations |
- Maintain a journal of foreign exchange transactions (numbered, stitched) - Form a file for each transaction - Submit information to the Central Bank on contracts for attracting external funds within 5 days |
Commercial banks |
Administrative liability for non-compliance with the Central Bank's requirements, Central Bank measures (orders, fines) |
|
Control by the Central Bank |
- Maintain a register of contracts for external loans without state guarantees - Monitor capital movement |
Central Bank |
Blocking transactions, requesting explanations, notifying tax authorities |
|
Transfer of Records When Changing Bank |
Transfer of files under act of acceptance-transfer, including information on completed transactions |
Previous and new bank |
Possible suspension of transactions until transfer is completed |
|
Liability for Violations |
Violation of the procedure for foreign exchange transactions, failure to notify the bank, illegal capital outflow |
Residents, banks |
- Administrative fines - Confiscation of illegally transferred funds - Criminal liability (for large-scale and intentional acts) |