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(published
in the Official Gazette of the FR Yugoslavia No. 23 of April
27, 2002)
I.
GENERAL PROVISIONS
Article
1
The present Law
shall govern the following:
1) Payments and
collection of payments using means of payment in operations
among residents and nonresidents and transfer of such means;
2) Payments and collections using foreign means of payment in
operations among residents;
3) Purchase and sale of means of payment among residents and
nonresidents and purchase and sale of foreign means of payment
among residents;
4) Unilateral transfers of means of payment from and into the
country which do not emanate from operations among residents
and nonresidents;
5) Current and deposit accounts of residents abroad and of
residents and nonresidents in the country other than Dinar
current and deposit accounts of residents in the country.
Payment,
collection, transfer, purchase and sale,para 1. hereof shall
be performed pursuant to this Law, good business practice and
ethics.
Payment,
collection, transfer, purchase and sale operations referred in
para 1. shall be subject to foreign exchange control. The
controlling authorities will have the right to request all
documentary evidence on such payments, collections, transfers,
purchases and sales as well as other documents necessary for
such foreign exchange control.
The National
Bank of Yugoslavia shall be authorized to issue regulations
supporting the enforcement of provisions of this Law.
Article
2
For the purpose
of this Law certain terms have the following meanings:
(1)
Residents
Residents are:
1) Legal
entities registered in the country (hereinafter: legal
entities), with the exception of representative offices of
such entities located outside the country;
2) Branches of foreign legal entities entered into the
register of the authorized agency in the FRY;
3) Entrepreneurs - natural persons who singly pursue
activities aimed at making profits and are registered with an
authorized agency (hereinafter: entrepreneurs);
4) Natural persons residing in the country, except natural
persons with temporary residence abroad for over one year;
5) Natural persons foreign citizens residing in the country on
the basis of residence permits, and/or work permits for over
one year;
6) State agencies and organizations, diplomatic offices
abroad, as well as persons employed in these offices and their
family members.
(2)
Nonresidents
Nonresidents are
all persons not listed under the term resident.
(3)
Authorized Bank and Bank
An authorized
bank shall be a legal
entity established and doing business pursuant to Law on banks
and other financial organizations and possessing an
authorization issued by the National Bank of Yugoslavia to
carry out foreign transactions.
A bank shall
be a legal entity established and doing business pursuant to
Law on Banks and other Financial Organizations, not possessing
an authorization of the National Bank of Yugoslavia to carry
out foreign transactions.
(4)
Means of Payment
Means of payment
are Dinar, national
securities and foreign means of payment.
National securities are securities emitted by a resident.
National securities denominated in foreign currency shall be
understood to mean shares, bonds, bank bills, commercial
papers, government bills, and certificates of deposits as well
as financial derivatives traded at the exchange pursuant to
Law on securities;
Foreign means of
payment shall mean foreign exchange, foreign cash, and foreign
securities of which:
1) Foreign
exchange shall mean claims abroad denominated in foreign
currency;
2) Foreign cash shall mean claims in cash, i.e. banknotes
and/or coins denominated in foreign currency; and
3) Foreign securities shall mean securities emitted by a
nonresident, denominated in foreign currency.
(5)
Payment instruments
Payment
instruments shall be
understood to mean: letters of credits, remittances, payment
cards, bills of exchange, checks and other banking and
financial documents that can be collected in foreign currency.
(6)
Foreign exchange market
Foreign exchange
market shall be
understood to be the market at which foreign exchange and
foreign cash are purchased and sold.
(7)
Exchange operations
Exchange
operations shall be understood to mean purchase operations
from natural persons and sales operations to such persons of
foreign cash and checks denominated and cashable in foreign
currency.
(8)
Current Account Transactions
Current account
transactions shall be
the transactions concluded between residents and nonresidents
the purpose of which is not a capital transfer.
Payments and
transfers with respect to current account transactions shall
be free and shall comprise:
1) Payments with
respect to foreign trade transactions and other current
account transactions with abroad including services;
2) Payments of interest on loans and net income from other
investments;
3) Payments of a portion of loan principal, withdrawal of
direct investments and transfer of profit from direct
investments; and
4) Payments and transfers fir civerage if moderate family
subsistence expenses.
5) All payments due in connection with foreign trade, other
current business, including services and normal short-term
banking and credit facilities;
6) Payments due as interest on loans and as net income from
other investments
7) Payments of moderate amount for amortization of loans or
for depreciation of direct investments and
8) moderate remittances for family living expenses.
(9)
Capital Account Transactions
Capital account
transactions shall be
understood to mean the transactions between residents and
nonresidents the purpose of which are not current account
transactions with abroad.
The capital
transactions referred to in para 1 hereof shall include the
following:
direct investments;
investment in real estate;
transactions with long-dated securities in capital market;
transactions with short-dated securities in money market;
transactions with investment funds;
credit transactions;
sureties and guarantees;
life insurance transactions; and
unilateral transfers of property (personal and physical).
(10)
Direct Investments
Direct
investments shall be
understood to mean any investment of a resident abroad and of
a nonresident in the country that the investor makes for the
purpose of establishing continuing economic relations, and
effecting significant control over legal entity management
pursuant to Foreign Trade
Law and Foreign
Investment Law.
Establishment of
continuing economic relations and significant control over
legal entity management shall be understood to mean:
1) incorporation
of a legal entity or increase of its basic capital fully owned
by the investor, incorporation of a legal entity segment
(branch) or buyout of the existing legal entity fully owned by
the investor and investment for the purpose of performing
entrepreneur's activities;
2) investment into a new or existing legal entity if the
investor by that shall acquire 10 or more percent share in the
basic capital, namely more than 10 percent of votes having met
the conditions in para 1 hereof;
3) credits for the purpose of establishing continuing economic
relations, with five year or longer term if being subordinate
credits.
(11)
Security Transactions
Security
transactions shall be
understood to mean the transactions in capital and money
markets, as well as the transactions with investment funds
other than direct investments.
For the purpose
of this Law, securities traded in the capital market shall be
understood to mean shares, bonds and other debt securities
issued in a series with maturity of over one year.
For the purpose
of this Law, securities traded in the money market shall be
understood to mean securities issued in a series with maturity
of up one year, such as bank bills, commercial papers,
certificates of deposits and bankers acceptances.
(12)
Credit Transactions
Credit
transactions shall be
understood to mean legal transactions pursuant to this Law and
Law on foreign credit transactions:
among
residents to whom a resident grants loans or borrows in the
country,
between residents and nonresidents, for whom resident
borrows from nonresidents abroad in order to pursue its
activity
between nonresidents and residents where a resident grants a
loan to a nonresident for an activity for which it is
registered.
Sureties and
guarantees are governed by the Law on credit transactions with
abroad, apart from performance bonds.
(13)
Life insurance transactions
Life insurance
transactions shall
include payments of premiums and insured amounts based on a
contract between an insurance company - nonresident and a
resident beneficiary, as well as between an insurance company
resident and a nonresident beneficiary pursuant to the Law
on property and personal insurance.
(14)
Unilateral Transfers of means of payment
Unilateral
transfers of means of payment shall
be understood to mean transfers from the country abroad or
from abroad to the country that do not arise from the
performance of a transaction between a resident
natural
person and a nonresident natural person and which may be
personal or physical.
Personal
transfers of means of payment from and into the country shall
include gifts and aid, inheritance, rent, debt settlement of
immigrants in the country of origin and transfer of means
owned by emigrants abroad.
Physical
transfers of means of payment shall include any transfer of
cash in Dinars and transfer of foreign cash and securities
denominated in foreign currency from and into the country.
II.
BASIC PROVISIONS
Payments
and Collections in Means of Payments
Article
3
Residents and
nonresidents shall use foreign exchange for making payments
abroad unless otherwise specified by the present Law.
Article
4
Payments,
collections, transfers and expenditures in the country among
residents, between residents and nonresidents and among
nonresidents shall be effected in Dinars.
Exceptionally
from para 1. hereof, payment, collections and transfers from
that paragraph may be effected in foreign exchange as well
for:
1) sale and
renting of flats, office space and other real estate;
2) Debt-servicing of foreign currency loans in the country;
and
3) Collection of insurance premiums from nonresidents
4) Collection of premiums and transfers based on life
insurance contract, and transfer of amount of damage claims
based on compulsory insurance of owners of motor vehicles
against liability contracted by such an owner with a foreign
registration plate.
5) purchase and sale of national securities denominated in
foreign currency;
6) payments into guarantee fund of a member of Central
register, deposit and clearing of securities.
Payments and
collections and expenditure hereof can also be effected in
foreign cash, as
1) disbursement
of foreign cash from foreign currency savings book and foreign
currency account;
2) sale and purchase of consignment goods and in duty free
shops.
Payments,
collections and transfers with respect to current
and capital account transactions
Article
5
Payments,
collections and transfers with respect to current and capital
account transactions between residents and nonresidents
permitted by this law shall be effected through an authorized
bank.
The National
Bank of Yugoslavia shall effect payments, collections and
transfers for residents state authorities and
organizations.
An authorized
bank and the National Bank of Yugoslavia shall not effect a
remittance order or a transfer abroad if such payment and/or
transfer are not permitted by this law.
Payment cards
cannot be used for payment with respect to capital account
transactions.
The National
bank of Yugoslavia shall stipulate conditions and terms of
payment, collections and transfers with respect to current and
capital account transactions in foreign exchange and in Dinars.
Payments,
collection and transfer with respect to current
account transactions
Article
6
Payments,
collections and transfer with respect to current account
transactions between residents and nonresidents shall be free
pursuant to this law.
Article
7
Every resident
that earned foreign currency abroad and every resident that
transferred foreign currency but has not made use of it abroad
shall be obliged to repatriate the foreign currency pursuant
to this law.
Article
8
Every resident
legal entity and every entrepreneur shall be obliged to
repatriate the profit accrued from pursuing some economic
activity and unused as prescribed by Law on Foreign Trade,
within eight workdays following the date when such profit is
stated.
Article
9
Every resident-
legal entity and entrepreneur shall be obliged to collect
payment for export of goods and services abroad within the
contractual time limit, not later than within 8 workdays after
the expiry of that period.
Every resident
legal entity shall be obliged to repatriate the accrued
profit from investment works abroad and the amount of foreign
currency that the client ordering the investment project had
withheld as warranty for the proper performance of work,
within eight work days after the completion of investment
works and/or the date of expiration of the guarantee period.
Export of goods
and services abroad for which the contracted date for
collection of payment falls 90 days after the date when
customs clearance of goods in export was carried out and/or
after the date when a service was provided abroad shall be
understood to be a credit transaction that must be registered
with the National Bank of Yugoslavia.
Article
10
Every resident -
legal entity and an entrepreneur shall import the goods and
services paid for in advance from abroad within the contracted
time limit.
If the resident, para 1. hereof fails to import the goods and
services from abroad though paid in advance, he shall be
obliged to repatriate the paid amount of foreign currency
within eight workdays from the date of expiration of the
contracted time limit.
Payments,
collections and transfers with respect to capital
account transactions
Article
11
Payments,
collections and transfers with respect to capital account
transactions between residents and nonresidents shall be free
unless otherwise stipulated in this law.
Article
12
Residents shall
be allowed to freely effect payment and transfer of capital
with respect to acquiring, selling and liquidating direct
investments abroad only if such transactions are registered
and performed pursuant to the Foreign Trade Law.
Nonresidents
shall be allowed to freely effect payment and transfer of
capital with respect to acquiring, selling and liquidating
direct investments in the country only if such transactions
are registered and performed pursuant to the Foreign Trade
Law.
Article
13
A resident shall
not be allowed to effect payment and transfer of capital with
respect to acquiring real estate ownership abroad unless
otherwise stipulated by law or international agreement.
The provision in
para 1. hereof does not apply to residents state
authorities and organizations, diplomatic offices abroad and
persons employed in such offices and their family members.
A nonresident
shall not be allowed to effect payment with respect to
acquiring real estate in the country unless otherwise
stipulated by law or international agreement.
The ban, para 3
hereof shall not apply to a nonresident natural person
temporarily residing abroad for over one year.
Article
14
Residents shall
not be allowed to effect payment with respect to purchasing
foreign securities in foreign and national capital markets if
otherwise stipulated in the Law on securities, Foreign Trade
Law or in an international agreement.
Nonresidents
shall be allowed to effect payments with respect to purchasing
national securities only under the conditions stipulated in
the Law on securities, Law on obligations covering foreign
currency savings of nationals, Foreign investment law or
international agreement.
Article
15
Residents shall
not be allowed to effect payments with respect to purchasing
foreign shortdated securities on international and national
money markets, with the exception of authorized banks under
the conditions prescribed by the National Bank of Yugoslavia.
Nonresidents
shall not be allowed to effect payments with respect to
purchasing national short-dated securities.
Article
16
Residents shall
not be allowed to effect payments with the aim to invest in
foreign investment funds.
Article
17
Payments and
collections with respect to credit transactions shall be free
only if contracted pursuant to this law and Law on credit
transactions with abroad.
Granting of credits in Dinars between a resident and a
nonresident shall not be allowed.
Article
18
A resident
natural person shall not be allowed to pay life insurance
premiums to a nonresident-insurance company abroad.
Article
19
Physical
transfer of means of payment shall be effected pursuant to
this law.
The National Bank of Yugoslavia shall stipulate terms and
method of personal and physical transfers of means of payment.
Foreign
Currency Loans among Residents in
the Country
Article
20
An authorized
bank shall not be allowed to extend credit in foreign currency
to a resident except to a resident legal entity and to an
entrepreneur for payment of imported goods and services from
abroad.
Foreign
Currency Clause
Article
21
Deals in foreign
currency in the country shall be allowed providing that any
payments and collection of payments exclusively be in Dinars.
Foreign
Exchange Accounts of residents and nonresidents
in the Country and Abroad
Article
22
An authorized
bank and a bank shall not be allowed to keep foreign currency
in the country with another resident except another authorized
bank, the National Bank of Yugoslavia and an institution in
charge of Central register, clearing and balance of
securities.
An authorized
bank shall not be allowed to keep foreign currency in accounts
held with nonresidents, except with foreign banks.
Article
23
Every resident
legal entity and entrepreneur may keep foreign currency in
the foreign currency account with an authorized bank and bank
or sell them to such bank.
Exceptionally
from para 1. hereof, a resident legal entity may hold
foreign currency with the institution in charge of Central
register, clearing and balance of securities.
A resident
legal entity and an entrepreneur shall not be allowed to hold
foreign currency account with a bank abroad unless in cases
stipulated by the National Bank of Yugoslavia.
A resident
state authority and organization shall not be allowed to hold
foreign currency accounts with an authorized bank, and/or bank
except with the National bank of Yugoslavia
A resident
state authority and organization that earns foreign currency
and foreign cash shall sell such foreign currency and/or such
foreign cash to the National Bank of Yugoslavia.
A resident
natural person shall not be allowed to hold open foreign
currency account with a bank abroad while natural persons
foreign nationals residing in the country against residence
permits and/or work permits for over one year and persons
employed in diplomatic offices abroad and their family members
shall be allowed.
Article
24
Foreign currency
acquired pursuant to this law may be held by a nonresident in
a foreign currency account with an authorized bank and/or bank
or sold that that bank.
A nonresident
shall not hold Dinars in an account with an authorized bank
and a bank, not earned through collection of payments with
respect to current account transactions or capital account
transactions permitted by this law.
A nonresident
shall not be allowed to purchase foreign exchange from an
authorized bank and/or bank up to the amount exceeding the
Dinar counter value that the nonresident has realized pursuant
to this law.
Transfer
of means of payment from a nonresident's account
Article
25
No transfer of
funds shall be permitted from a foreign currency or dinar
account with an authorized bank, i.e. a bank, of a
non-resident that has not met all his/her tax liabilities,
paid customs duties or oter oblgations to the state related to
the particular business transaction that gave rise to the
transfer.
III.
THE FOREIGN EXCHANGE MARKET AND
THE
EXCHANGE RATE OF THE DINAR
Foreign
Exchange Market
Article
26
Foreign
currencies and foreign cash may be purchased and sold on the
foreign market for uses permitted by this Law.
Exceptionally
from para 1 hereof, an authorized bank, and/or bank may in its
name and for its account purchase and sell foreign currency
and foreign cash in the foreign exchange market if needed for
its business in compliance with the foreign exchange risk
indicator stipulated by Law on banks and other financial
organizations.
Article
27
Foreign currency
and foreign cash shall not be allowed to be purchased and sold
outside of the foreign exchange market.
Article
28
The foreign
exchange market shall comprise all purchases and sales of
foreign currencies in the country carried out in the following
manner:
1)
indirectly:
between
authorized banks and banks and residents and between
authorized banks and banks and nonresidents;
among authorized banks and/or banks;
between authorized banks and banks;
between authorized banks, banks residents that possess
authorization for exchange operations and the National Bank of
Yugoslavia
between authorized banks, and/or banks and residents
possessing authorization for exchange operations;
2)
at the sessions of interbank foreign exchange market:
- among
authorized banks and between such banks and the National Bank
of Yugoslavia.
The foreign exchange market shall comprise purchase and sale
of foreign cash carried out by an authorized bank, a banks,
the National Bank of Yugoslavia and other residents that
perform exchange operations in accordance with this Law.
Article
29
Authorized
banks, and banks shall purchase and sell foreign exchange and
foreign cash on their own behalf and for their own account, on
their own behalf but for account of residents and
nonresidents, and on their own behalf and for the account of
residents and nonresidents.
Article
30
Exchange
operations may be carried out by authorized banks, by banks,
by the National Bank of Yugoslavia and by residents legal
entities and entrepreneurs possessing authorization of the
National Bank of Yugoslavia thereto.
The National
Bank of Yugoslavia shall prescribe the conditions and manner
of conducting exchange operations and control procedures
relating thereto.
Article
31
The National
Bank of Yugoslavia shall prescribe conditions and manner of
foreign exchange market operation.
Dinar
Exchange Rate
Article
32
The exchange
rate of the Dinar to other foreign currencies in the foreign
exchange market shall be determined freely in accordance with
supply of and demand for foreign exchange.
Article
33
The official
exchange rate of the Dinar shall be determined as stipulated
in regulation to be issued by the National Bank of Yugoslavia.
The exchange
rate shall be applied when needed in bookkeeping and
statistics.
For the
calculation of customs duties and other import duties the
medium official exchange rate shall be applied as determined
on the last business day in a week preceding the week in which
the amount of customs duties and other import duties is
established, in conformity with the law on customs duties.
IV.
PHYSICAL TRANSFER OF MEANS OF PAYMENT
Article
34
Foreign cash,
payment cards and checks denominated in foreign currency may
be brought into the country freely.
Payment cards may be taken out of the country freely.
Dinar
taking out of the country and bringing in it
Article
35
The National
Bank of Yugoslavia shall prescribe the conditions under which
residents and nonresidents-natural persons may take Dinars out
of the country and bring in the country as well as conditions
under which an authorized bank may take Dinars out of the
country.
Bringing
into and Taking out Foreign Cash, checks and Securities
Article
36
The National
Bank of Yugoslavia shall prescribe the amount of foreign cash
and checks that a resident natural person may take abroad as
well as the conditions and the manner for taking out
securities, and the conditions under which an authorized bank
may take abroad foreign cash and securities.
The National
Bank of Yugoslavia shall prescribe the conditions under which
a nonresident natural person may take abroad foreign cash and
securities, that the non resident natural person acquired in
compliance with the law and /or bring into the country foreign
cash and securities.
Prevention
of Money Laundering
Article
37
When crossing
the state border, residents and nonresidents shall be obliged
to declare to the customs authority if bringing into and
taking out of any foreign cash, Dinars and securities in the
amount exceeding the amounts prescribed by the law governing
prevention of money laundering.
V.
REPORTING
Obligation
to Report
Article
38
The National
Bank of Yugoslavia and/or the relevant state authority shall
stipulate for residents and nonresidents an obligation to
report on payment, collection of payment, transfer, purchase
and sale, Article 1 of this Law and stipulate requirements and
manner of such reporting.
Residents and
nonresidents under an obligation to report shall without delay
produce business books for inspection to the National Bank of
Yugoslavia and the relevant state authority and shall also
make available or submit other necessary documentation.
Residents and
nonresidents, para 2. hereof shall keep business documentation
not less than five years.
Article
39
The National
Bank of Yugoslavia shall make a projection of the balance of
payments of the country based on data contained in reports,
Art.38 hereof as an analytical basis for determining
objectives and tasks of monetary policy and shall monitor its
realization.
VI.
FOREIGN EXCHANGE CONTROL
Article
40
Control of
foreign exchange operations, governed by the present Law and
regulations passed on the basis thereof, shall be exercised by
the National Bank of Yugoslavia, the Federal Foreign Exchange
Inspectorate and/or authorities of the member republics and
the customs authorities.
Article
41
The National
Bank of Yugoslavia shall exercise control of the foreign
exchange operations of authorized banks, banks and other
financial organizations, exchange offices as well as of
residents and nonresidents connected by property, management
and business relations with the authorized bank, the bank, and
the other financial organization and exchange office
respectively.
Article
42
The customs
authority shall exercise control of taking out of the country
and bringing into the country foreign exchange, dinars,
checks, securities and gold in passenger, goods and mail
traffic.
Article
43
Customs
authority may temporarily seize from residents and
nonresidents at border crossings an amount of Dinars, foreign
cash, checks and securities denominated in foreign currency
that exceeds the amount prescribed by the National Bank of
Yugoslavia, against a certificate.
Article
44
The Federal
Foreign Exchange Inspectorate shall exercise control over the
foreign exchange operations of residents and nonresidents.
The Federal
Foreign Exchange Inspectorate shall exercise the control over
the foreign exchange operations of the persons, Article 41 of
the present Law if they are connected with the persons, para 1
hereof, by property, management and business relations.
Relevant state
authority shall prescribe the manner of exercising control
over the foreign exchange operations referred to in para 1
hereof.
Article
45
The Federal
Foreign Exchange Inspectorate shall conduct infraction
proceedings and decide in the first instance, as stipulated in
the present Law and other regulations.
Against the decision para 1 hereof an appeal may be lodged
with the Federal Misdemeanor Bench.
Infraction proceedings stipulated in this law shall comply
with the Law on infractions of federal regulations.
Article
46
Controlling
bodies shall be obliged to deposit foreign cash, checks,
securities and dinars, temporarily seized due to well founded
suspicion of a criminal act or infraction into the dedicated
account of the Federal Foreign Exchange Inspectorate held with
the National Bank of Yugoslavia, or they shall deposit them in
the National Bank of Yugoslavia within two business days from
the date when the money was temporarily seized.
Article
47
Controlling
bodies shall be obliged to collaborate in the exercise of
foreign exchange control and make available data, findings and
information in their possession, should these be necessary for
exercising foreign exchange control and shall, if need be,
involve other competent bodies, too.
VII.
PROTECTIVE MEASURES
Article
48
If the
objectives of economic and monetary policies are not being
achieved, the National Bank of Yugoslavia may take protective
measures, namely:
1) limit
payments for current and capital account transactions;
2) limit or prohibit taking abroad and bringing in from abroad
of dinars, foreign cash and securities denominated in foreign
currency;
3) adopt conditions under which a resident and a nonresident
may hold foreign currency with an authorized bank and a bank
and foreign financial markets;
4) introduce an obligation to keep non-interest-bearing
foreign exchange deposit with the National Bank of Yugoslavia;
5) introduce the compulsory sale of foreign currency from
foreign exchange accounts;
6) limit or prohibit purchases and sales of specific foreign
currencies and foreign cash on the foreign exchange market;
7) limit or prohibit forward transactions in purchasing or
selling foreign currency; and
8) other measures.
The measures
referred to in para 1 hereof may be applied while the
underlying disturbances last, but no longer than six months
from the date of their introduction.
VIII.
PENALTY CLAUSES
1.
Criminal acts
Article
49
Whoever effects
payment with respect to capital account transactions contrary
to the regulation of the National bank of Yugoslavia shall be
punished for such a criminal act by prison sentence of six
months to five years.
Article
50
Whoever buys
from natural persons and sells to such persons foreign cash
and checks denominated and cashable in foreign currency
without authorization by the National Bank of Yugoslavia shall
be punished for such a criminal act by prison sentence of six
months to five years.
2.
Infractions
Article
51
Every resident
legal entity, state authority and organization, authorized
bank and/or bank and every nonresident legal entity shall
be punished by a fine of Din. 4 200 to 630 000 for an
infraction if it:
1) uses foreign
currency contrary to the provisions of this law (Art.3);
2) effects payment, collection, transfer and expenditures in
the country contrary to the provisions of Article 4 of the
present law (Art.4);
3) fails to effect payment, collection and transfer with
respect to current account and capital account transactions
through an authorized bank (para 1, Art.5);
4) effects a payment order and a transfer abroad while such
payment and transfer are not allowed by this law (para 3, Art.
5);
5) effects payment with respect to capital account
transactions with payment cards (para 4,Art.5);
6) effects payment, collection and transfer of foreign
currency and dinars with respect to current and capital
account transactions contrary to the regulation of the
National Bank of Yugoslavia (para 5, Art. 5);
7) fails to repatriate foreign currency earned abroad and
foreign currency taken by it abroad but not made use of it
pursuant to this law (Art.7);
8) contrary to Art.8 of this law fails to repatriate into the
country, profit accrued from economic activities abroad within
eight workdays from the date of profit statement (Art. 8);
9) fails to collect payment within the contracted term for
exported goods and service provided abroad within eight
workdays after the expiry of the period (para 1, Art. 9);
10) fails to repatriate the accrued profit from investment
works abroad and the amount of foreign currency that the
client ordering the investment project had withheld, pursuant
to guarantee periods, as warranty for the proper performance
of work, within eight work days after the completion of
investment works and/or the date of expiration of the
guarantee period. (para 2, Art. 9);
11) fails to regester with the National Bank of Yugoslavia an
export transation of goods and services abroad with contracted
date for collection of payment not longer than 90 days (para
3, Art. 9;
12) fails to import the goods and services paid in advance
within the contracted period (para 1, Art. 10);
13) fails to register with the National bank of Yugoslavia as
credit transaction the import of goods and services with the
90 days and longer contracted period of import after the date
when the
payment order was effected (para 3, Art. 10);
14) effects payment and transfer of capital with respect to
acquiring, selling and liquidating direct investments abroad
contrary to the provisions of Art. 12, para 1. of this Law (para
1, Art.12);
15) effects payment and transfer of capital with respect to
acquiring, selling and liquidating direct investments in the
country contrary to the provisions of Article 12, para 2 of
this law (para 2,Art.12);
16) effects payment and transfer with respect to acquiring
real estate ownership abroad contrary to the provisions of
Art.13, para 1 of this law (para 1, Art.13);
17) effects payment with respect to acquiring real estate
ownership in the country contrary to the provisions of Art.
13, para 3 of this law (para 3, Art. 14);
18) effects payment to purchase securities in foreign and
national capital markets contrary to the provisions of Art.
14, para 1 of this law (para 1, Art. 14);
19) effects payment to purchase national securities contrary
to the provisions of Art. 14, para 1 of this law
(para 1,Art.14);
20) effects payment to buy foreign short-dated securities in
foreign and capital money market contrary to the provisions of
Art.15, para 1 of this law and conditions to be stipulated by
the National Bank of Yugoslavia (para 1, Art.15);
21) effects payment to purchase national short dated
securities (para 2, Art.15);
22) effects payment in order to invest into foreign investment
funds (Art. 16);
23) effects payment and collects payment with respect to
credit transactions contrary to the provision of Art. 17, para
1 of this law (para 1, Art.17);
24) grants Dinar credits contrary to the provisions of Art.17
para 2 of this law (para 2,Art. 17);
25) grants a foreign exchange credit contrary to the
provisions of Art. 20 of this law (Art.20);
26) fails to keep foreign currency in the country with other
authorized bank, the institution in charge of Central
register, clearing and balance of securities or with the
National Bank of Yugoslavia (para 1, Art.22);
27) fails to hold foreign currency abroad with foreign banks (para
2, Art.22);
28) fails to hold foreign currency in the country in the
foreign exchange account with the authorized bank and/or bank
(para 3, Art. 23);
29) holds foreign currency account with an authorized bank and
/or bank contrary to the regulation of the National Bank of
Yugoslavia (para e, Art.23);
30) holds foreign exchange accounts with an authorized bank
and a bank contrary to the provisions of Art. 23, para 4 of
this law (para 4, Art.23);
31) fails to sell to the National Bank of Yugoslavia foreign
exchange and/or foreign cash earned through its business
operations (para 5, Art. 23);
32) fails to keep foreign currency earned pursuant to this law
with an authorized bank and/or bank (para 1, Art. 24);
33) holds dinars in an account with an authorized bank and/or
bank, not realized through collection of payments with respect
to current account transactions or capital account
transactions permitted by this law (para 2,Art.24);
34) purchases foreign exchange from an authorized bank and/or
bank up to the amount exceeding the Dinar counter value that
the nonresident has realized pursuant to this law (para 3,Art.
24);
35) transfers resources from a foreign currency and Dinar
account with an authorized bank and/or bank while failing to
meet all tax, duty, and other statutory obligations to the
state with respect thereto. (Art. 25);
36) purchases and sells foreign currency outside a foreign
currency market (Art. 27);
37) performs exchange operations contrary to the regulation of
the National Bank of Yugoslavia (para 2, Art. 30);
38) fails to apply the exchange rate from Art. 33 of this law
in bookkeeping and statistics and for computation of customs
duty and other import dues (paras 2,3,Art. 33);
39) takes out Dinars from the country contrary to the
regulation of the National Bank of Yugoslavia (Art. 35);
40) takes out foreign cash and securities from the country
contrary to the regulation of the National Bank of Yugoslavia
(para 1, Art.36);
41) attempts to transfer across the state border, without
declaring to the customs officer foreign cash, Dinars and
securities in the amount exceeding the amounts prescribed by
the law governing prevention of money laundering. (Art.37);
42) fails to comply with the prescribed obligatory reporting (para
1,Art.38);
43) fails to make available business books for inspection by
the National Bank of Yugoslavia and the relevant state
authority or submit other necessary documentation. (para 2,
Art.38);
44) fails to keep business documentary evidence five years at
least (para 3, Art.38);
45) fails to deposit foreign cash checks, securities and
Dinars, into a dedicated account of the Federal Foreign
Exchange Inspectorate or deposit them in the National Bank of
Yugoslavia within two business days from the date when the
money was seized.(Art. 46);
46) acts contrary to measures in Art.48 of this law (Art.48);
For acts in para
1 of this Article the responsible person in the resident
legal person or nonresident and the responsible person in the
authorized bank and/or bank shall be punished by a fine of 200
to 21,000 Dinars.
For acts in para
1 of this article, the responsible person in the state
authority and organization shall be punished by a fine of 200
to 21.000 Dinars.
Every resident
legal person and entrepreneur shall be punished by a fine
double in Dinar equivalent to the amount of foreign currency,
goods and services if it fails to repatriate the amount of
foreign currency for goods and service paid in advance within
eight workdays after the expiration of the contracted period.
For acts in para
1 of this Article every resident natural person and
non-resident natural person shall be punished by a fine of
200 to 21 000 Dinars.
For acts in para
1 hereof, the resident legal entity may be, besides being
fined, also be further prohibited from performing its
activities for a period of three months to one year.
Article
52
Every
nonresident entrepreneur shall be punished by a fine of
Din. 200 to 21,000 for an infraction due to acts indicated in
Art. 51 of this law.
For acts in para
1 Art. 51 of this law, besides the fine a protective measure
of prohibition of performing self-activity may be pronounced.
Article
53
Every resident
natural person shall be punished by a fine of Din. 200 to
21,000 for an infraction if it:
1) pays life
insurance premiums abroad to nonresident insurance company
contrary to the provisions of Art. 18 of this Lay (Art. 18);
2) effects physical and personal transfer of means of payment
contrary to the regulation of the National Bank of Yugoslavia
(Art.19);
3) holds open foreign currency accounts with a bank abroad
contrary to the Art.23 of this law (para 6, Art.23);
4) attempts to take or takes out Dinars from the country or
attempts to bring into or brings Dinars in the country
contrary to the regulation of the National Bank of Yugoslavia
(Art.35);
5) attempts to take out or takes out foreign cash, checks and
securities contrary to the regulation of the National Bank of
Yugoslavia (para 1, Art.36);
Every
nonresident natural person shall be punished by the fine
from para 1 hereof this article for an infraction if it
attempts to take out or takes out foreign cash and securities
or attempts to bring into or brings into foreign cash and
securities contrary to the regulation of the National Bank of
Yugoslavia (para 2, Art.36);
Article
54
For infractions
Art.51 through to Art.54 of this law, besides the fine a
protective measure shall be pronounced of seizing the objects
used or intended to be used to commit infraction or are due to
the infraction committed
The objects in
para 1 hereof may be seized even if not being the property of
the violator or the violator not disposing of them.
Exceptionally
from the provisions of para 1 hereof, objects used or intended
to be used to commit infraction or due to such infraction may
be seized partially if a motive or other circumstances of so
committed infraction indicate that seizure of the whole object
is not justified.
For infractions,
Art. 53 of this Law a protective measure shall be pronounced
of seizure of a transport and/or moving vehicle if its secret
and concealed space was used to hide the object of infraction
and if the value of the object of infraction exceeds by one
third the customs basis for the transport and/or moving
vehicle concerned.
Every transport
and/or moving vehicle providing services of public transport
can be seized pursuant to para 4 hereof through not owned by
the violator but if its owner knew or could know that it was
used to commit infraction from Art. 53 of this Law.
Article
55
Infraction
proceedings under this law cannot be initiated if three years
elapse after the date they are committed.
Article
56
The objects
relating to a criminal act and infraction committed under this
law will be deposited to a dedicated account of the Federal
Foreign Exchange Inspectorate and/or with the National Bank of
Yugoslavia.
Foreign cash
guarantee by the nonresident-natural person in criminal and
infraction proceedings and in a dispute case before a foreign
trade arbitration tribunal shall be paid into the account in
para 1 of this Article.
Article
57
Fines, property
benefits and means of payment and Dinar equivalent obtained by
sale of objects used or intended to be used in committing a
criminal act and infraction or due to committed criminal act
an infraction shall be paid into federal budget.
Foreign cash
seized as an object of committed criminal act, economic
violation or infraction shall be sold to the National Bank of
Yugoslavia and it will pay its Dinar equivalent into the
federal budget.
Legal
consequences of the sentence
Article
58
A resident
natural person for whom a decree absolute was passed and
prison sentence instituted for a criminal act against
constitutional order and security of the country, against the
economy and office shall not be allowed to perform foreign
exchange and credit transactions with abroad.
Article
59
A resident
natural person for whom a decree absolute was passed for a
criminal act pursuant to this law and for infraction under
this law and was punished by a fine of over 10 000 Dinars
shall not be allowed to perform jobs and tasks associated with
foreign exchange operations.
The ban, para 1
hereof shall last three years from the day of the sentence
came into effect.
IX.
TRANSITIONAL AND FINAL PROVISIONS
Date for
issuance of bylaws
Article
60
The National
Bank of Yugoslavia and the relevant state authority shall
issue regulations based on this law not later than within 60
days from the date it comes into force.
Article
61
Procedures
initiated prior to the date when this law comes into force
shall be finalized in compliance with the law applicable at
the time the act was committed
Article
62
On the date this
law comes into force ceases the validity of Law on foreign
exchange operation (" Official Gazette FRY" 12/95,
29/97, 44/99, 74/99 and 73/2000 and regulations based on it
except
1) Decree on
conditions and method of operation of a single foreign
exchange market ("Off. Gazette FRY" 74/2000, 19/2001
and 36/2001);
2) Decision on kinds of foreign currency bought and sold in
single foreign exchange market ("Off. Gazette FRY"
72/2001);
3) Decision on kinds of foreign currency used in the
intervention of the National Bank of Yugoslavia at the
interbanking foreign exchange market ("Off. Gazette
FRY" 72/2001);
4) Decision on the manner of executing payment operations with
abroad ("Off. Gazette FRY" 20/95, 28/97, 10/99 and
57/2001);
5) Decision on conditions allowing holding of foreign exchange
in an account abroad ("Off.Gazette FRY" 28/95, 7/98
and 59/2001);
6) Decision on the way of reporting on turnover and statement
of accounts abroad and payment and collection of payment for
services through a current account and other data and dates
for submission of such reports ("Off. Gazette FRY"
8/96);
7) Decision on keeping evidence on contracted foreign trade
transactions with abroad ("Off. Gazette FRY"
74/200);
8) Decision on conditions of issue of authorization to banks
to perform transactions with abroad and conditions of
forfeiting such authorizations ("Off. Gazette FRY"
35/95, 59/96, 4/97, 17/98 and 21/2000);
9) Decision on conditions for doing exchange operations
("Off. Gazette FRY" 25/2000, 57/2000, 69/2000,
9/2001, 19/2001, 36/2001, 63/2001 and 7/2002);
10) Decision on the manner of keeping a foreign currency
account and foreign currency savings book for a national and
foreign natural person ("Off. Gazette FRY" 3/96 and
57/2001);
11) Decision on sale of foreign currency to national natural
persons ("Off. Gazette FRY" 62/95);
12) Decision on taking out and bringing in dinar cash in
passenger traffic with abroad ("Off.Gazette FRY"
23/95 and 39/2001);
13) Decision on conditions of taking out or sending from
Yugoslavia and bringing in Yugoslavia money and securities in
mail and other parcels ("Off. Gazette FRY" 23/95,
41/97, 38/98,
58/2000, 34/2001, 39/2001 and 57/2001);
14) Decision on amounts and conditions of taking out foreign
cash for payment abroad and conditions of bringing in foreign
cash into the country ("Off. Gazette FRY" 3/98,
20/99 and 54/99);
15) Decision on conditions and manner of performing foreign
exchange documentary control ("Off. Gazette FRY"
1/2001).
Article
63
This law shall
come into force on the day following its publication in the
"Official Gazette FRY".
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