INSTRUCTION OF CENTRAL BANK OF THE RUSSIAN FEDERATION

of October 29, 2018 No. 4949-U

About modification of the Provision of the Bank of Russia of July 6, 2017 No. 595-P "About payment system of the Bank of Russia"

1. Based on part 9 of article 20 of the Federal Law of June 27, 2011 No. 161-FZ "About national payment system" (The Russian Federation Code, 2011, No. 27, Art. 3872; 2012, No. 53, Art. 7592; 2013, No. 27, Art. 3477; No. 30, Art. 4084; No. 52, Art. 6968; 2014, No. 19, Art. 2315, Art. 2317; No. 43, Art. 5803; 2015, No. 1, Art. 8, Art. 14; 2016, No. 27, Art. 4221, Art. 4223; 2017, No. 15, Art. 2134; No. 18, Art. 2665; No. 30, Art. 4456; 2018, No. 27, Art. 3950, Art. 3952; No. 32, the Art. 5115), article 82.3 of the Federal Law of July 10, 2002 No. 86-FZ "About the Central bank the Russian Federation (Bank of Russia)" (The Russian Federation Code, 2002, No. 28, Art. 2790; 2003, No. 2, Art. 157; No. 52, Art. 5032; 2004, No. 27, Art. 2711; No. 31, Art. 3233; 2005, No. 25, Art. 2426; No. 30, Art. 3101; 2006, No. 19, Art. 2061; No. 25, Art. 2648; 2007, No. 1, Art. 9, Art. 10; No. 10, Art. 1151; No. 18, Art. 2117; 2008, No. 42, Art. 4696, Art. 4699; No. 44, Art. 4982; No. 52, Art. 6229, Art. 6231; 2009, No. 1, Art. 25; No. 29, Art. 3629; No. 48, Art. 5731; 2010, No. 45, Art. 5756; 2011, No. 7, Art. 907; No. 27, Art. 3873; No. 43, Art. 5973; No. 48, Art. 6728; 2012, No. 50, Art. 6954; No. 53, Art. 7591, Art. 7607; 2013, No. 11, Art. 1076; No. 14, Art. 1649; No. 19, Art. 2329; No. 27, Art. 3438, Art. 3476, Art. 3477; No. 30, Art. 4084; No. 49, Art. 6336; No. 51, Art. 6695, Art. 6699; No. 52, Art. 6975; 2014, No. 19, Art. 2311, Art. 2317; No. 27, Art. 3634; No. 30, Art. 4219; No. 40, Art. 5318; No. 45, Art. 6154; No. 52, Art. 7543; 2015, No. 1, Art. 4, Art. 37; No. 27, Art. 3958, Art. 4001; No. 29, Art. 4348, Art. 4357; No. 41, Art. 5639; No. 48, Art. 6699; 2016, No. 1, Art. 23, Art. 46, Art. 50; No. 26, Art. 3891; No. 27, Art. 4225, Art. 4273, Art. 4295; 2017, No. 1, Art. 46; No. 14, Art. 1997; No. 18, Art. 2661, Art. 2669; No. 27, Art. 3950; No. 30, Art. 4456; No. 31, Art. 4830; No. 50, Art. 7562; 2018, No. 1, Art. 66; No. 9, Art. 1286; No. 11, Art. 1584, Art. 1588; No. 18, Art. 2557; No. 24, Art. 3400; No. 27, Art. 3950; No. 31, Art. 4852; No. 32, the Art. 5115) and according to the solution of the Board of directors of the Bank of Russia (the minutes of the Board of directors of the Bank of Russia of October 26, 2018 No. 33) to bring in the Provision of the Bank of Russia of July 6, 2017 No. 595-P "About payment system of the Bank of Russia", registered by the Ministry of Justice of the Russian Federation on October 6, 2017 No. 48458, the following changes.

1.1. Item 1.1 after words "No. 40831" to add with words ", on July 31, 2017 No. 47578".

1.2. In Item 1.3:

in paragraph one of the word "and service of not urgent transfer" shall be replaced with words ", service of not urgent transfer and service of bystry payments";

add with the new paragraph of the following content:

"Service of bystry payments provides accomplishment round the clock in real time of procedures of acceptance to execution of orders on the amount less than 600 thousand rubles without delay in process of receipt of orders in the operational center, payment clearing center (further - OPKTs) other payment system (further - external payment system) and procedures of execution of orders by the Bank of Russia without delay after successful completion of procedures of acceptance to execution.".

1.3. Items 1. 4, 1.5 and 1.6 to recognize invalid.

1.4. State Item 1.7 in the following edition:

"1.7. When implementing money transfer with use of service of urgent transfer (further - urgent transfer) and service of not urgent transfer (further - not urgent transfer) operational services, services of payment clearing and settlement services are provided by the Bank of Russia.

When implementing money transfer with use of service of bystry payments operational services, services of payment clearing are provided to OPKTs of external payment system based on the agreement on interaction signed between the Bank of Russia and the operator of external payment system according to part 37 of article 15 of the Federal Law of June 27, 2011 No. 161-FZ (further - the agreement on interaction). Services of payment clearing regarding check of sufficiency of money and settlement services are provided by the Bank of Russia.

Provision of operational services, services of payment clearing and settlement services in case of money transfer with use of service of bystry payments is performed according to appendix 1 to this Provision.".

1.5. In Item 2.3:

in the paragraph the second "part 1" shall be replaced with words words "parts 1 - 3";

add with new paragraphs of the following content:

"Working interest owner - the credit institution (its branch) informs in writing the Bank of Russia on compliance of the organization to the criteria specified in paragraphs second and third this Item before inclusion in the agreement of correspondent account (sub-account) of conditions on provision of the organization - to the indirect participant of access to services in money transfer with use of orders in electronic form.

The working interest owner informs the Bank of Russia on cases of the termination of compliance to criteria of participation of the indirect participant in payment system of the Bank of Russia and stops the agreement of the account signed between the Bank of Russia and working interest owner in the part relating to the indirect participant in the following terms:

in case of the termination of compliance to the criterion provided by the paragraph the second this Item within 10 working days from the date of receipt by working interest owner of the corresponding data;

in case of the termination of compliance to the criterion provided by the paragraph third this Item no later than date of termination of the contract of the bank account concluded between working interest owner and the indirect participant.".

1.6. To add Item 3.1 after the words "for these members of payment service provider" with words ", including with participation of OPKTs of external payment system,".

1.7. State Item 3.3 in the following edition:

"3.3. Working interest owners have access to services in money transfer with use of service of urgent transfer and service of not urgent transfer.

The working interest owners which are credit institutions (their branches) have access to services in money transfer with use of service of bystry payments in the presence of conditions about its provision in the agreement of the account (further - the participant of SBP).

The clients of the Bank of Russia who are not members of payment service provider have access to services in money transfer with use of service of urgent transfer in the presence of the corresponding conditions in the agreement of the account.

Divisions of the Bank of Russia (except for field organizations of the Bank of Russia) make urgent transfer and not urgent transfer.

Field organizations of the Bank of Russia make not urgent transfer. Implementation of urgent transfer by field organizations of the Bank of Russia perhaps in case of application of payment orders according to which payer or payer bank is the field organization of the Bank of Russia.

Access to services in money transfer for divisions of the Bank of Russia, including the field organizations of the Bank of Russia which do not have possibility of exchange of messages on communication channels is provided using orders on paper.

Indirect participants have access to services in money transfer only with use of service of urgent transfer.".

1.8. Third Item 3.6 to declare the paragraph invalid.

1.9. Add Item 3.7 with new paragraphs of the following content:

"Access to services in money transfer with use of service of bystry payments for participants of SBP and exchange of electronic messages is provided through OPKTs of external payment system according to appendix 1 to this Provision.

For ensuring access to services in money transfer the agreement on rendering operational services, services of payment clearing provided by part of 1 Article 17, part 1 of article 18 of the Federal Law of June 27, 2011 No. 161-FZ is signed with use of service of bystry payments and exchange of electronic messages between participants of SBP and OPKTs of external payment system.".

1.10. Item 3.9 after the words "with members of payment service provider" to add with words ", OPKTs of external payment system".

1.11. Item 3.10 after the words "including informing by the Bank of Russia" to add with the words "OPKTs of External Payment System".

1.12. In Item 4.2:

in paragraph one of the word "with use of the PPS system" to exclude;

in paragraph seven of the word "through the PPS system" to exclude.

1.13. In Item 4.4:

the paragraph one to add with words ", including arrived from OPKTs of external payment system in electronic form";

to add paragraph two after the words "at the request of the client of the Bank of Russia" with the words "or OPKTs of external payment system".

1.14. In Item 4.5:

word in paragraph three" (in the divisions of the Bank of Russia servicing accounts of participants)" shall be replaced with words "(in the division of the Bank of Russia servicing the account of the participant)";

in paragraph four of the word "through the BESP system" shall be replaced with words "money with use of service of bystry payments";

word in paragraph six of "the field organizations of the Bank of Russia which are not transferring money through the PPS system with use of VER, the MEDT" shall be replaced with words "divisions of the Bank of Russia, including field organizations of the Bank of Russia which do not have possibility of exchange of messages on communication channels".

1.15. Item 4 in paragraph one. 7, in paragraphs second and third item 4. 9, in Item 7. In paragraph one of Item 7.4 of the word "through the PPS system" to exclude 2,.

1.16. State Item 4.8 in the following edition:

"4.8. When implementing not urgent transfer the payment order, the collection order, payment request, the payment order, the bank order, the order of bank, and also the payment order on total amount of the orders accepted to execution, information on which is specified in the register (further - the payment order on total amount with the register), constituted according to requirements of appendix 12 to this Provision are applied.

The order of bank can be applied when implementing money transfer between credit institutions (their branches), being the members of payment service provider, foreign banks (foreign credit institutions) who are clients of the Bank of Russia according to the order and (or) for benefit of the organizations which details are provided by appendix 10 to this Provision.

In case of money transfer to division of the Bank of Russia, including the field organization of the Bank of Russia which is not using exchange of messages on communication channels orders of bank and payment orders on total amount with the register are not applied.

Indirect participants send the order of bank, payment request to the Bank of Russia.

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