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RESOLUTION OF BOARD OF THE NATIONAL BANK OF UKRAINE

of July 29, 2022 No. 164

About approval of the Regulations on procedure for issue and acquiring of payment instruments

According to Articles 7, of 15, of 40, 56 Laws of Ukraine "About the National Bank of Ukraine", the Law of Ukraine "About payment services", for the purpose of regulation of procedure for issue/acquiring of payment instruments and implementation of calculations with their use the Board of the National Bank of Ukraine decides:

1. Approve Regulations on procedure for issue and acquiring of payment instruments (further - the Provision) which are applied.

2. Recognize to invalid:

1) the resolution of Board of the National Bank of Ukraine of November 5, 2014 No. 705 "About implementation of transactions with use of electronic means of payment";

2) the resolution of Board of the National Bank of Ukraine of June 15, 2015 No. 375 "About modification of the resolution of Board of the National Bank of Ukraine of November 05, 2014 No. 705";

3) the resolution of Board of the National Bank of Ukraine of September 6, 2016 No. 382 "About modification of some regulatory legal acts of the National Bank of Ukraine";

4) the resolution of Board of the National Bank of Ukraine of November 29, 2019 No. 142 "About modification of some regulatory legal acts of the National Bank of Ukraine";

5) the resolution of Board of the National Bank of Ukraine of June 25, 2021 No. 60 "About approval of Changes in Regulations on procedure for issue of electronic means of payment and implementation of transactions with their use";

6) the resolution of Board of the National Bank of Ukraine of February 8, 2022 No. 13 "About approval of Changes in Regulations on procedure for issue of electronic means of payment and implementation of transactions with their use";

7) the resolution of Board of the National Bank of Ukraine of June 29, 2022 No. 133 "About approval of Changes in Regulations on procedure for issue of electronic means of payment and implementation of transactions with their use".

3. To the payment service providers performing issue and/or acquiring of payment instruments within one month from the date of enforcement of the Law of Ukraine "About payment services" to develop (to bring into accord with requirements of the Provision) and to approve internal documents concerning provision of payment services according to requirements of the Provision.

4. To department of payment systems and innovative development (Andrey Podderegin) after official publication to inform payment service providers of Ukraine information on adoption of this resolution.

5. To impose control over the implementation of this resolution on the vice-chairman of the National Bank of Ukraine Alexey Shaban.

6. The resolution becomes effective from the date of enforcement of the Law of Ukraine "About payment services".

Approved by the Resolution of Board of the National Bank of Ukraine of July 29, 2022 No. 164

Regulations on procedure for issue and acquiring of payment instruments

I. General provisions

1. This Provision is developed according to the Laws of Ukraine "About the National Bank of Ukraine", "About banks and banking activity", "About payment services", other regulatory legal acts of Ukraine, including regulatory legal acts of the National Bank of Ukraine (further - National Bank).

2. This Provision establishes general requirements of National Bank to issue/acquiring of the emitted payment instruments (including electronic means of payment, pre-paid payment instruments) and to implementation of calculations with their use.

3. Terms in this Provision are used in such value:

1) authentication - the procedure allowing the payment service provider to establish and confirm the personality of the user and/or accessory to the user of certain payment instrument, availability at it of the bases for use of the specific payment instrument including by verification of individual accounting information of the user;

2) authorization - the procedure of receipt of permission to carrying out transaction with use of the payment instrument;

3) the virtual payment terminal - the software which gives the chance to perform payment and other transactions with use of details of electronic means of payment on the Internet;

4) the account holder - person addressed to whom the account and/or e-wallet on which payment and/or other transactions with use of the payment instrument are performed is opened;

5) loss of individual accounting information - impossibility of use by the user of individual accounting information, illegal occupancy and/or use or threat of occupancy and use by other persons of individual accounting information or its components;

6) loss of the payment instrument - impossibility of implementation by the user of control (ownership) of the payment instrument, illegal occupancy and/or use of the payment instrument or its details and/or individual accounting information;

7) the holder of the payment instrument (further - the holder) - physical person which on legal causes uses the payment instrument for initiation of payment transaction and/or implementation of other transactions defined by the agreement with the issuer;

8) the document on transaction with use of payment instruments - the document confirming accomplishment of transaction with use of the payment instrument;

9) acquiring of payment instruments (further - acquiring) - payment service which consists in acceptance of payment instruments of which money transfer to the receiver and/or issue of means in cash form is result;

10) acquiring organization (further - ekvayer) - the payment service provider who provides service of acquiring of payment instruments and has the license for provision of such service;

11) electronic means of payment - the payment instrument realized on any medium, containing electronically the data necessary for initiation of payment transaction and/or implementation of other transactions defined by the agreement with the issuer;

12) issue of payment instruments (further - issue) - the payment service provided by the issuer of payment instruments on a contract basis with the user which consists in release (provision) to the user of the payment instrument for initiation and processing of payment transactions;

13) the issuer of payment instruments (further - the issuer) - the payment service provider who provides service of issue of payment instruments and has the right to provision of such service according to the legislation of Ukraine;

14) individual accounting information - individualized set of information provided by the payment service provider to the user or his authorized representative for the purposes of authentication;

15) authorization code - combination of figures, letters or letters and figures which is created and provided by the issuer or the legal entity acting according to its order during authorization;

16) code of category of activities of the subject of managing - digital determination of category of activities of the subject of managing who is appointed ekvayer according to rules of the relevant payment service provider;

17) the user - the physical person or legal entity which intends to receive or receives payment service from the issuer;

18) miskoding - appointment as ekvayer to subject of managing of code of category of activities of the subject of managing which does not correspond to the actual activities of the subject of managing;

19) the payment service provider on servicing of the account - the payment service provider at whom the account of the user for accomplishment of payment transactions is opened;

20) the pre-paid payment instrument - the payment instrument used according to the scheme of accomplishment of payment transactions of the corresponding issuer of electronic money and/or rules of payment system according to which payment instruments, and with observance of requirements of the legislation of Ukraine are issued;

21) personal identification number (further - the PIN) - combination of figures, letters or letters and figures, necessary for authentication of the user when implementing transactions with use of the payment instrument;

22) the payment application - the software placed in the hardware-software circle of the payment instrument (magnetic strip, chip, the chip contact/contactless) by means of which the payment and/or other transactions provided by the agreement are performed;

23) the payment application - the software which gives the chance to the user to initiate payment transaction (including by means of payment instruments) and/or to make other transactions provided by the contract with the payment service provider;

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