Performing foreign currency transactions following from the statute of 18 December 1998. Exchange law

Abstract

The statute of 18 December 1998 - Exchange law (Dz. U. nr 160, p. 1063) according to its objective scope regulated in art. 1 refers to the fundamental category of exchange law, that is to the rules of foreign currency exchange. The legislator's basic thought is introducing the principle of free foreign currency exchange. In the present article the author tries to give answers to the following questions: to what degree does the new law reflect the tendencies to liberalise foreign currency exchange; what is the essence of current and capital turnover; and which transactions need exchange licence. On the basis of the article the reader should find an answer to the question which transactions that are foreign currency exchange are allowed and which are illicit. It presents the regulated transactions of foreign currency exchange that the legislator included in art. 9 of the law in question, and which are taxationally subject to exchange limitations. The author shows that most exchange limitations imposed by the legislator have a relative character, which means that exchange transactions subject to regulation may be performed validly and effectively only after their participants are granted individual exchange licences. Commenting on the law in question the author first of all presents the ban on exchange transactions with foreign countries in seven groups of such transactions without a licence. This is done with the use of the statutory terminology.