RESOLUTION OF BOARD OF NATIONAL BANK OF THE REPUBLIC OF BELARUS

of October 6, 2022 No. 378

About approval of the Instruction about implementation of transactions with the bank payment cards and payment instruments providing their use

Based on subitems 3. 3, 3.4, 3.6 of Item 3 of Article 4, parts two of Item 1 of Article 15, of Item 3 of article 45 of the Law of the Republic of Belarus of April 19, 2022 No. 164-Z "About payment systems and payment services" and parts one of article 39 of the Bank code of the Republic of Belarus DECIDES: Board of National Bank of the Republic of Belarus

1. Approve the Instruction about implementation of transactions with the bank payment cards and payment instruments providing their use it (is applied).

2. Determine that the usage agreements of bank payment card and credit agreements providing loan granting when using bank payment card signed before entry into force of this resolution are not subject to reduction in compliance with requirements of the Instruction about implementation of transactions with the bank payment cards and payment instruments providing their use approved by this resolution and are effective before execution of all obligations by the parties on them. At the same time in case of prolongation (increase) of effective period of such agreements of their provision are subject to reduction in compliance with requirements of the called Instruction.

3. This resolution becomes effective after its official publication.

Approved by the Resolution of Board of National Bank of the Republic of Belarus of October 6, 2022 No. 378

The instruction about implementation of transactions with the bank payment cards and payment instruments providing their use

Chapter 1. General provisions

1. This Instruction regulates procedure:

issues of bank payment cards (further - cards);

issues (creation) of the payment instruments providing issue and use of card or use of card;

distribution of cards, the payment instruments providing issue and use of card or use of card;

uses of cards, the payment instruments providing issue and use of cards or use of cards;

acquiring of payment transactions with use of cards (further - acquiring), including Internet acquiring of payment transactions with use of cards (further - Internet acquiring);

processing on transactions with use of cards.

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

2.1. authorization - provision to the holder of card (the organization of trade (service), to the payment aggregator on acceptance of payments, the cards initiated with use, including to the payment courier (further - the payment aggregator)) the rights to its use, including implementation of payment transactions with its use, and also verification process (confirmations) of such rights in attempt of use of card, including implementation of payment transactions with its use. Check (confirmation) of the granted rights in attempt of use of card, including implementation of payment transactions with its use, is not performed in the cases provided by rules of payment system;

2.2. authentication – the procedure of verification of the authentication data with the authentication data which are earlier fixed by the payment service provider, other authorized person provided by the holder of the card payment instrument for the purpose of confirmation of the holder of the card payment instrument as the user of payment service who is earlier identified by the payment service provider or correctness of use of the card payment instrument. The procedure for carrying out authentication, level of authentication are determined by rules of payment system, the payment service provider, other authorized person taking into account the requirements established by National Bank according to subitems 3.15 and 3.16 of Item 3 of article 4 of the Law of the Republic of Belarus "About payment systems and payment services";

2.3. merchant acquirer - bank of the Republic of Belarus (further - bank), the non-bank credit and financial organization of the Republic of Belarus, foreign bank, the legal entity - the nonresident, the foreign organization who is not the legal entity on foreign law the rendering payment services of acquiring for the organization of trade (service) (the payment aggregator) and (or) performing issue and (or) acceptance of cash on transactions with use of cards. The merchant acquirer can match in one person with emitting bank;

2.4. emitting bank - bank, foreign bank, the legal entity - the nonresident, the foreign organization who is not the legal entity on foreign law, performing issue of cards;

2.5. the ATM - software and hardware complex with which the holder of card interacts in the self-service mode, providing implementation with use of cards of transactions of issue and (or) acceptance of cash, payment transactions, registration of these transactions with the subsequent forming of maps checks, and also rendering information payment services;

2.6. contactless card - the card acting radio frequency identification technologies on the basis, allowing to perform transactions without mechanical contact with the payment terminal, other software and hardware complex intended for implementation of transactions with use of cards;

2.7. blocking of card – package of measures which accomplishment is provided by emitting bank on own initiative or at the initiative of the holder of card or the client for the purpose of prohibition of use of card;

2.8. virtual card – card which issue is performed without use of procurement of card;

2.9. issue of card – process of transfer of card (card details in case of issue of virtual card) and the PIN code to it to the holder of card or the other person in the cases established by this Instruction or according to the civil legislation;

2.10. debit card – card with which use payment transaction of initiation of payment, transaction of cash disbursement of money are performed within balance in cash, available to use, on the customer account and (or) overdraft limit;

2.11. the holder of card – the client who is physical person or physical person, use of card by whom it is performed owing to the power conferred in the procedure established by the legislation;

2.11-1. the holder of the card payment instrument – the holder of card who including uses the payment instrument providing issue and use of card, the payment instrument providing use of card;

2.11-2. additional personal debit card – the personal debit card issued to physical person which will use this card owing to the power conferred by the legislation or the client – physical person in the procedure established by the legislation;

2.12. procurement of card – product which forms basis for production of card and which technical characteristics conform to requirements of rules of payment system and (or) emitting bank;

2.13. use of card – implementation by the holder of card (the organization of trade (service), the payment aggregator) using card or its details, including by means of use of the payment instruments providing issue and use of card or use of card, and also application of payment services, actions (set of actions) as a result of which payment transactions and (or) transactions of cash disbursement of money to the holder of card and (or) cash deposit of money by the holder of card are performed and (or) to the holder of card information payment and other services are rendered;

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