RESOLUTION OF BOARD OF NATIONAL BANK OF THE KYRGYZ REPUBLIC

of August 29, 2022 No. 2022-P-14/54-4-(PS)

About introduction of amendments to the resolution of Board of National Bank of the Kyrgyz Republic "About approval of Rules of implementation of money transfers on money transfer systems in the Kyrgyz Republic" of July 15, 2009 No. 30/6

According to Articles 5, "About National Bank of the Kyrgyz Republic" the Board of National Bank of the Kyrgyz Republic decides 9 and 64 constitutional Laws of the Kyrgyz Republic:

1. Make changes to the resolution of Board of National Bank of the Kyrgyz Republic "About approval of Rules of implementation of money transfers on money transfer systems in the Kyrgyz Republic" of July 15, 2009 No. 30/6 (are applied).

2. To legal management after receipt of the relevant documents within three working days:

- publish this resolution on the official website of National Bank of the Kyrgyz Republic;

- after official publication to send this resolution to the Ministry of Justice of the Kyrgyz Republic for inclusion in the State register of regulatory legal acts of the Kyrgyz Republic.

3. This resolution becomes effective after fifteen days from the date of official publication.

4. To management of payment systems within three working days to bring this resolution to the attention of commercial banks and operators of money transfer systems.

5. To commercial banks to bring the activities into accord with this resolution within fifteen days.

6. To department of development of state language and document flow to bring this resolution to the attention of the relevant structural divisions, regional managements and representative office of National Bank of the Kyrgyz Republic in Batken Province within three working days.

7. To impose control of execution of this resolution on the board member of the National Bank of the Kyrgyz Republic supervising management of payment systems.

Appendix

to the Resolution of Board of National Bank of the Kyrgyz Republic of August 29, 2022 No. 2022-P-14/54-4-(PS)

Changes in the resolution of Board of National Bank of the Kyrgyz Republic "About approval "Rules of implementation of money transfers on money transfer systems in the Kyrgyz Republic" of July 15, 2009 No. 30/6"

Bring in the resolution of Board of National Bank of the Kyrgyz Republic "About approval "Rules of implementation of money transfers on money transfer systems in the Kyrgyz Republic" of July 15, 2009 No. 30/6" the following changes:

in Rules of implementation of the money transfers on money transfer systems in the Kyrgyz Republic approved by the above-stated resolution:

- in Item 2.3:

state paragraph two in the following edition:

"The receiver of money transfer in the territory of the Kyrgyz Republic has at its sole option the right to get money transfer in cash form through cash desk or peripheral devices (ATM/terminal) of bank, including using the identifying carrier of the receiver of money transfer in money transfer system (if it is provided by rules of money transfer system) or in non-cash form by transfer/transfer of money on the bank account specified by the receiver for the bank payment card issued by bank and/or on the identified e-wallet emitted by bank of the Kyrgyz Republic.";

the fourth to state the paragraph in the following edition:

"If rules of money transfer system provide receipt of money transfer by parts, the receiver of money transfer has the right to receive part of money transfer amount in cash form using the identifying carrier, and the balance in cash has the right to direct for transfer to the bank account specified by the receiver for the bank payment card issued by bank and/or on the identified e-wallet emitted by bank of the Kyrgyz Republic.";

the ninth to state the paragraph in the following edition:

"2) for the receiver - at the time of receipt of cash by him in cash desk or the peripheral device (ATM/terminal) of bank or transfer/transfer of money on the bank account specified by the receiver for the bank payment card issued by bank and/or on the identified e-wallet emitted by bank of the Kyrgyz Republic.";

- state Item 4.3 in the following edition:

"4.3. The participant when implementing money transfers without opening of the bank account through money transfer system shall observe requirements of policy "know the client", the proper check of the client determining procedure, according to regulatory legal acts of the Kyrgyz Republic.

When conducting proper check the participant applies the simplified or strengthened measures of check of the sender of money transfer, with use risk - the oriented approach, according to requirements of Chapter 3 of the Provision "About Procedure for Conducting Proper Check of the Client" approved by the order of the Government of the Kyrgyz Republic of December 25, 2018 No. 606.";

- add Item 4.4 with paragraphs second and third the following content:

"If the one-time amount of sending money transfer is equal or exceeds the sum determined in the Provision "About Procedure for Conducting Proper Check of the Client" approved by the order of the Government of the Kyrgyz Republic of December 25, 2018 No. 606, the participant shall carry out proper inspection of the client by filling of the questionnaire constituted according to the requirements established in the Provision "About Procedure for Conducting Proper Check of the Client".

If the one-time amount of sending money transfer does not exceed the sum determined in the Provision "About Procedure for Conducting Proper Check of the Client" approved by the order of the Government of the Kyrgyz Republic of December 25, 2018 No. 606, the participant shall observe the requirements provided by Chapter 12 of the Provision "About Procedure for Conducting Proper Check of the Client".";

- the first offer of Item 4.8 to state in the following edition:

"In case of issue to the receiver of the money received through money transfer system, the participant shall make sure of full compliance of details of the electronic order created by money transfer system with data of the identity document of the receiver.";

- in Item 4.9:

in paragraph one after the words "bank account number in case of sending/receipt of money transfer by non-cash method" to add with words ", number of the identified e-wallet in case of receipt of money transfer by non-cash method";

in paragraph three after the words "bank account number in case of sending/receipt of money transfer by non-cash method" to add with words ", number of the identified e-wallet in case of receipt of money transfer by non-cash method";

in official language in paragraph five punctuation mark ";" to replace with sign ".";

- add Item 4.10 with the paragraph the second the following content:

"The participant shall refuse to the sender sending money transfer and/or to the receiver receipt of money transfer if the sender and/or the receiver is in the Sanctions list of physical persons and legal entities, groups and the organizations concerning which there are data on their participation in terrorist or extremist activities and distribution of weapons of mass destruction or in the List of persons, groups, the organizations concerning which there are data on their participation in legalization (washing) of the criminal income.";

- Item 6.6 in paragraph one after the words "bank account number in case of sending/receipt of money transfer by non-cash method" to add with words ", number of the identified e-wallet in case of receipt of money transfer by non-cash method".

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