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Use of digital financial assets (DFA) in international settlements

The Federal Law from 10.12.2003 N 173-FZ “On Currency Regulation and Currency Control” has been amended to allow the use of digital financial assets (DFA), utilitarian digital rights, as well as digital rights that include both of these instruments at the same time, in international settlements. Also, utilitarian digital rights may be used as counter-provision under foreign trade contracts concluded between residents and non-residents, which provide for the transfer of goods, performance of work, rendering of services, transfer of information and results of intellectual activity, including exclusive rights thereto.

Digital financial assets are digital analogues of debt receipts, bonds and equity participation rights formalized via blockchain. Cryptocurrencies, including bitcoin, do not belong to CFAs.

At the same time, the Central Bank of the Russian Federation, in order to ensure the stability of the financial market of the Russian Federation, will be entitled:
  • to establish a ban on certain types of currency transactions related to the acquisition and alienation of digital rights;
  • determine the conditions for the performance of certain types of currency transactions related to the acquisition and alienation of digital rights;
  • request information on beneficial owners from the person who issued the digital currency rights and from the operator of the information system in which they are issued.