INSTRUCTION OF CENTRAL BANK OF THE RUSSIAN FEDERATION

of December 23, 2019 No. 5365-U

About procedure of control by the operator on money transfer behind activities of bank payment agents

Based on part 13 of article 14.2 of the Federal Law of June 27, 2011 No. 161-FZ "About national payment system" (The Russian Federation Code, 2011, No. 27, Art. 3872; 2019, No. 27, of the Art. 3538) (further - the Federal Law No. 161-FZ) this Instruction establishes procedure of control by the operator on money transfer behind activities of bank payment agents.

1. The operator on money transfer exercises control of observance by bank payment agents of the conditions of their attraction established by articles 14 and 14.1 of the Federal Law No. 161-FZ (The Russian Federation Code, 2011, No. 27, Art. 3872; 2019, No. 27, the Art. 3538), requirements of the legislation of the Russian Federation about counteraction of legalization (washing) of income gained in the criminal way and to terrorism financing (further - the legislation on POD/FT), conditions of prisoners the bank payment agents performing transactions of the payment aggregator with legal entities, individual entrepreneurs, other persons specified in part 13 of article 14.1 of the Federal Law No. 161-FZ, agreements on acceptance of electronic instruments of payment and (or) on participation in money transfer (further - control).

2. In case of control the operator on money transfer shall provide:

documentary fixation on paper and (or) in electronic form results of control, including information on the elicited facts of non-compliance with their attraction by bank payment agents of conditions determined by articles 14 and 14.1 of the Federal Law No. 161-FZ, requirements of the legislation on POD/FT, conditions of agreements on acceptance of electronic instruments of payment and (or) about participation in money transfer (further - violations);

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