RESOLUTION OF BOARD OF NATIONAL BANK OF THE REPUBLIC OF BELARUS

of December 2, 2019 No. 476

About change of the resolution of Board of National Bank of the Republic of Belarus of March 29, 2001 No. 66

Based on paragraphs of the twenty first, twenty sixth 26, Article parts one 39, parts three of article 232 of the Bank code of the Republic of Belarus the Board of National Bank of the Republic of Belarus DECIDES: Articles

1. To be reworded as follows the instruction about bank transfer approved by the resolution of Board of National Bank of the Republic of Belarus of March 29, 2001 No. 66, it (is applied).

2. This resolution becomes effective since January 1, 2020.

Approved by the Resolution of Board of National Bank of the Republic of Belarus of March 29, 2001 No. 66
(in edition of the Resolution of Board of National Bank of the Republic of Belarus of December 2, 2019 No. 476)

The instruction about bank transfer

Chapter 1. General provisions

1. This Instruction determines procedure of clearing settlements in Belarusian rubles and foreign currency in the form of bank transfer based on the payment instructions issued by means of submission of the settlement and other documents provided by this Instruction.

2. For the purposes of this Instruction the terms below are used in the following values:

the advice - the message of corresponding bank to bank confirming transfer of money on the bank account (credit advice), the message of corresponding bank to bank confirming cash write-off from the bank account (debit advice). The statement from the account is considered as the advice including information on transfer of money into the account and (or) cash write-off from the account for certain period;

the acceptance of the payer - prior consent of the payer to payment of payment requests with the acceptance of the payer and payment requests on direct debiting of the account;

bank - bank, being the resident or the nonresident;

corresponding bank - bank with which correspondence relations are established;

nonresident bank - the bank and the non-bank credit and financial organization created according to the legislation of foreign state with the location outside the Republic of Belarus;

resident bank - the bank and the non-bank credit and financial organization which are those according to the legislation, "Development Bank of the Republic of Belarus" open joint stock company, National Bank;

bank transfer - the sequence of transactions on execution of the payment instruction of the payer or beneficiary (claimant) according to which one bank sends to other bank the interbank payment instruction about money transfer for benefit of the beneficiary (claimant). The bank sender and bank receiver match in one person if calculations between the payer and the beneficiary are performed in one bank. To bank transfer transactions on cash deposit of money in cash desk having bank identification code (further if other is not determined, - code) bank branch (the bank which does not have branch network) do not treat with subsequent their transfer into the account opened in the same bank branch (the bank which does not have branch network);

the beneficiary - the client for benefit of whom bank transfer is made. On bank transfer the bank can be the beneficiary;

the claimant - the client, person authorized by him, the authorized bodies initiating cash write-off from accounts of the payer in indisputable procedure according to the legislation. On bank transfer the bank can be the claimant;

account bank transfer - the bank transfer made only with participation of resident banks;

value date - date with which the cash amount is not (in case of cash write-off from the account) or is (in case of transfer of money into the account) at the disposal of the account holder;

money (currency) - Belarusian rubles and (or) foreign currency;

executive documents - the documents determined in part one of Item 9 of the Presidential decree of the Republic of Belarus of October 16, 2018 No. 414 "About enhancement of clearing settlements" according to which according to legal acts collection in indisputable procedure for money from accounts in banks, electronic money from e-wallets is performed;

the client - person serviced by bank on the transactions connected with implementation of bank transfer (the legal entity (the representation, branch or other separate division of the legal entity given the legal entity appropriate authority on the order money on the account), the organization, not being the legal entity (further - the legal entity), the individual entrepreneur, the lawyer performing lawyer activities individually (further - the lawyer), the notary, the physical person, other bank;

clearing - the process of transfer, reconciliation performed before calculation and in certain cases confirmations of interbank payment instructions, including transactions on mutual offsetting of the amounts of these payment instructions and determination of final balance for implementation of calculations on the conditions established by interbank corresponding agreements (agreements);

clearing currency - currency in which clearing transfer is made;

clearing transfer - the interbank transfer made on the basis of clearing according to interbank corresponding agreements (agreements);

the clearing account - the account in which bank transactions on clearing transfers are reflected;

the copy of the electronic payment instruction (other electronic document (message) - the form of external submission of the payment instruction (other document) in the form of the electronic document (message) reproduced on paper;

correspondence relations - the cooperation between banks performed according to the interbank corresponding agreement (agreement) signed between them;

correspondent account - the account opened by one bank for another for implementation of interbank transfers according to the interbank corresponding agreement (agreement);

limit of balance of the clearing account - the remaining balance amount approved by banks on the clearing account within which implementation of transactions on carrying out clearing transfers during the settlement period is possible;

the interbank payment instruction - the interbank payment order, interbank payment request, other payment document (message) issued by bank to other bank for the purpose of execution of the payment instruction of the initiator of bank transfer;

interbank transfer - the part of bank transfer including money transfer through the correspondent or clearing account based on the interbank payment instruction;

international bank transfer - the bank transfer made with participation of nonresident bank;

the international clearing transfer - the interbank transfer made between resident bank and nonresident bank on the basis of clearing through the clearing account;

obligatory details - the details obligatory to specifying in settlement and other documents according to requirements of this Instruction and other acts of the legislation;

the offshore zone - the state (territory) included in the list of offshore zones - the states (territories) in which the preferential tax regime is effective and (or) is not provided disclosure and provision of information on financial transactions, No. 353 approved by the Presidential decree of the Republic of Belarus of May 25, 2006;

money transfer with conversion, purchase, sale - the bank transfer made in the currency other than account currency from which cash write-off, according to requirements of the regulatory legal acts of National Bank regulating procedure of currency exchange transactions and this Instruction is performed;

the payment instruction - the instruction (the order, the requirement) of the initiator of bank transfer to bank sender about transfer for benefit of the beneficiary of certain amount of money by submission of settlement documents, use of payment instruments and instruments of payment when implementing the corresponding transactions, representation and use of other documents and tools in the cases provided by National Bank. The bank can be the initiator of bank transfer;

the payer - the client at the expense of whose money bank transfer is made. On bank transfer the bank sender can be the payer;

check of authenticity of the electronic document (the electronic message) - the actions directed to confirmation of integrity and authenticity of the electronic document (electronic message) by use of the procedures of safety established by bank taking into account requirements of the legislation;

the procedure of safety - complex of the organizational measures and program technical means of information security intended for carrying out by bank taking into account requirements of the legislation of check of authenticity of the electronic document (the electronic message) and identification of the client who provided them to bank by means of systems of remote bank servicing;

direct debiting of the account - the type of bank transfer providing execution of payment requests of the beneficiary by means of cash write-off from correspondent account of bank sender based on interbank payment request of payee bank according to the acceptance of the payer;

the settlement document - the payment instruction of the initiator of bank transfer in the form of the payment order, payment request, the payment order;

settlement period - the period approved by banks after which banks perform settlement of balance of the clearing account formed as of the last date of the specified period;

the decision on restriction of account transactions - the accepted (taken-out) representative according to legal acts body (official) resolution (determination) on seizure of the money which is on the customer account and (or) the decision (resolution) on suspension of transactions on its account;

system of remote bank servicing - set of technologies of provision of banking services and banking operations with use of the program technical means and telecommunication systems providing interaction of banks and clients, including transfer of electronic documents and electronic messages;

the account of Loro - the correspondent account of corresponding bank opened in resident bank;

the account "Nostro" - the correspondent account of resident bank opened in corresponding bank;

the authorized person of the nonresident - the resident or the nonresident having the account in resident bank and authorized by the nonresident who does not have accounts in resident banks to draw up and impose in resident bank payment request without acceptance of the payer on cash write-off in indisputable procedure for benefit of the nonresident;

the electronic message - the message created by means of the software and hardware and technologies applied under the agreement of bank with the client, and containing information necessary for implementation of the bank transfer, data on execution (processing) of payment instructions, condition of accounts, other data provided by terms of the contract, concluded between bank and the client;

the electronic settlement document (the electronic payment order, electronic payment request, the electronic payment order) - the settlement document (the payment order, payment request, the payment order) in the form of the electronic document or the electronic message created taking into account requirements of regulatory legal acts of National Bank.

The term "identification" is used in the value determined by part five of appendix to the Presidential decree of the Republic of Belarus of April 18, 2019 No. 148 "About digital banking technologies".

The terms "instant payment", "system of instant payments" are used in the values determined respectively by paragraphs the sixth, eleventh Item 3 of the Instruction on procedure for functioning of the system of instant payments and carrying out instant payments approved by the resolution of Board of National Bank of the Republic of Belarus of November 20, 2018 No. 540.

The terms "payments in the budget", "payment instruction AIS IDO" are used in the values determined respectively by parts eleven, the twelfth appendices to the resolution of Council of Ministers of the Republic of Belarus and National Bank of the Republic of Belarus of June 28, 2019 No. 432/11 "About the automated information system of execution of monetary commitments".

The terms "authenticity of the electronic document", "integrity of the electronic document", "digital signature", "electronic document" are used in the values determined respectively by paragraphs the seventh, the twelfth, fifteenth, sixteenth article 1 of the Law of the Republic of Belarus of December 28, 2009 No. 113-Z "About the electronic document and the digital signature".

The terms "residents", "nonresidents" are used in the values determined respectively by Items 7, of the 8th article 1 of the Law of the Republic of Belarus of July 22, 2003 No. 226-Z "About currency control and currency exchange control".

The term "self-service device" is used in the value determined by the paragraph the twentieth Item 3 of Rules of implementation of the transactions with electronic money approved by the resolution of Board of National Bank of the Republic of Belarus of November 26, 2003 No. 201.

The term "electronic payment document" is used in the value determined by the paragraph the thirty ninth parts one of Item 3 of the Instruction on procedure for functioning of the automated system of interbank calculations of National Bank of the Republic of Belarus and carrying out interbank calculations in the BISS system approved by the resolution of Board of National Bank of the Republic of Belarus of June 26, 2009 No. 88.

3. Payment instructions, and also other documents provided by this Instruction, except for executive documents (further - other documents), are created and represented to banks:

on paper;

in the form of electronic documents;

in the form of electronic messages.

The payment instructions and other documents created in the form of electronic documents (messages) go the client by means of systems of remote bank servicing to the servicing bank according to the agreements signed between them.

4. In the agreement signed between bank and the client are determined:

the rights and obligations arising in case of exchange of documents;

procedure for permission of disputable situations;

method of forming of payment instructions and procedure for their submission to bank, directions to the client bank of documents on results of processing of payment instructions and other documents of the client, information on their execution;

other conditions approved by the parties and which are not contradicting the legislation.

In case of provision by bank to the client of services in implementation of bank transfer by means of systems of remote bank servicing in the agreement signed between bank and the client are in addition determined:

types of the systems of remote bank servicing used for exchange of documents in the form of electronic documents, electronic messages, and the requirement to them;

means of identification of the client and procedure for their application;

the right of bank to unilaterally stop or suspend rendering services by means of systems of remote bank servicing in cases, stipulated by the legislation about prevention of legalization of income gained in the criminal way, financings of terrorist activities and financing of distribution of weapons of mass destruction and also procedure for informing clients;

the bases of renewal of documents acceptance in the form of electronic documents, electronic messages;

possibility of representation in the form of the electronic document, the electronic message of the additional information necessary for bank for implementation of bank transfer.

Banks can determine maximum amount for each client:

one payment instruction including created in the form of the electronic document or the electronic message;

the payments made by the payer during the certain period according to the payment instructions including created in the form of electronic documents or electronic messages.

Transfer of payment instructions and other documents in bank in the form of electronic documents, electronic messages is performed with observance of procedures of safety and requirements of the legislation.

The bank stops or stops provision to the client of services using systems of remote bank servicing in cases:

violations by the client of procedure and terms of the contract;

defects of the program technical means providing remote bank servicing;

unauthorized access to customer account;

other cases provided by the agreement.

5. Payment instructions and other documents are processed created) on Belarusian or Russian if other is not established by this Instruction, other regulatory legal acts of National Bank and agreements signed between bank and the client.

The bank servicing the client does not check reliability and correctness of information specified by the client of bank in payment instructions and other documents.

6. Payment instructions shall contain the details necessary for making of bank transfer, taking into account requirements of the legislation.

The list of details of payment instructions, and also their formats depend on the automated settlement systems (information transfer) by means of which these payment instructions are performed (are transferred) (further - settlement systems (information transfer).

Treat settlement systems (information transfer):

system of interbank calculations;

international payment (information) systems;

republican centralized system of exchange of interbank correspondence in the form of electronic documents;

the automated information system "Calculation" of single settlement and information space;

the automated information system of execution of monetary commitments (further - AIS IDO);

system of instant payments;

other settlement systems (information transfers).

If in the payment instruction of the client there is not enough information for its execution (transfer) by means of settlement system (information transfer), the bank if necessary can demand from the client of submission of missing data.

In payment instructions instead of separate obligatory details it is allowed to specify the identifiers used in settlement systems (information transfer) and allowing to determine unambiguously these details.

Settlement documents shall contain fields, details of fields and mark according to appendices 1-3.

Settlement documents (except for payment order):

in the form of the electronic document are created and reproduced according to the standards of carrying out calculations establishing requirements to structure, formats and form of external submission of the electronic documents used for making of banking activities (further - standards of carrying out calculations);

in the form of the electronic message are created according to the procedure, determined by local legal acts of bank, taking into account requirements of this Instruction and can be reproduced according to standards of carrying out calculations;

are on paper drawn up in the forms of external submission of electronic settlement documents provided by standards of carrying out calculations.

The settlement documents created in the form of electronic documents are signed by digital signatures (signature) of official faces of the legal entity, digital signatures of the individual entrepreneur, notary, lawyer, physical person, authorized persons of bank when implementing transfers from bank name.

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