Pitfalls of currency legislation

Greetings, Habr.
This morning I dealt with questions on currency control and were surprised to find very important points about which few people know.
Anyone who works with foreign customers (oDesk, App Store, ...) I recommend to look under the cat, there are excerpts from 2 laws and their explanation in human language.


1. Very often, the currency regulator referring to the below law refuses to negotiate a contract in which there is no time limit for payment for services rendered (for example, the public offer of oDesk).

Federal Law "On Currency Regulation and Currency Control"
Article 19. Repatriation by residents of foreign currency and currency of the Russian Federation

1. When carrying out foreign trade activities, residents, unless otherwise provided by this Federal Law, are obliged, within the time limits stipulated by foreign trade agreements (contracts), to ensure:
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1) receiving from non-residents to their bank accounts in authorized banks foreign currency or currency of the Russian Federation due in accordance with the terms of the specified agreements (contracts) for goods transferred to non-residents, work performed for them, services rendered to them, information transferred to them and intellectual property , including exclusive rights to them;

2. In the event that the customer has not paid you under the contract for the services rendered, you must pay a fine to the Russian state.

Code of Administrative Offenses Article 15.25. point 4
Failure by a resident to fulfill within the prescribed period the obligation to receive foreign currency or currency of the Russian Federation to their bank accounts in authorized banks, due for goods transferred to non-residents, work performed for non-residents, services rendered to non-residents or intellectual property, including exclusive the rights to them - entails the imposition of an administrative fine on officials and legal entities in the amount of one hundred and fifty and refinancing of the Central Bank of the Russian Federation from the amount of funds credited to accounts in authorized banks with violation of the established period for each day of delay in crediting such funds and (or) in the amount of three fourths to one amount of cash not credited to accounts in authorized banks.

And I have a question in this regard, those legally savvy Habrovchanam, who faced similar situations - how did you solve them, maybe I do not correctly interpret these laws?

UDP:
Hub master grokinn gave information:

According to the legal position of the Presidium of the Supreme Arbitration Court of the Russian Federation dated March 30, 2010 N 15970/09 set forth in the resolutions of 28.04.2009 N 15970/09 , as well as in the case of a resident taking measures dependent on him to obtain this revenue, the composition of the administrative offense established by part 4 of article 15.25 of the Code of Administrative Offenses of the Russian Federation, is inhibited.

And xtremest added:

In this case, "dependent measures" is considered, for example, the direction of claims. filing in court.
If not, then “no action” ...

And a small survey for those who work with foreign customers: