RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS AND NATIONAL BANK OF THE REPUBLIC OF BELARUS

of December 22, 2022 No. 902/28

About the register of payment service providers and types of the payment services rendered by them

Based on the paragraph of third subitem 4.1 of item 4 of Article 4 and Item 3 of article 34 of the Law of the Republic of Belarus of April 19, 2022 "About payment systems and payment services" the Council of Ministers of the Republic of Belarus and National Bank of the Republic of Belarus DECIDE No. 164-Z:

1. Approve Regulations on procedure for forming and maintaining the register of payment service providers and types of the payment services rendered by them (further – the Provision) it (is applied).

2. Determine that the financial organization specified in the Provision item 4 part two within three months from the date of entry into force of this resolution represents to National Bank:

information according to Provision Item 14 – in case of rendering payment service of the operator of payment system on the organization of payment system;

information on the rendered payment services according to Item 5 of article 23 of the Law of the Republic of Belarus "About payment systems and payment services" – in case of rendering other types of payment services;

information according to Item 14 of the Provision and information on the rendered payment services according to Item 5 of article 23 of the Law of the Republic of Belarus "About payment systems and payment services" – in case of rendering payment service of the operator of payment system on the organization of payment system and other types of payment services.

3. This resolution becomes effective after its official publication.

Prime Minister of the Republic of Belarus

R. Golovchenko

Chairman of the board of National Bank of the Republic of Belarus

P. Kallaur

 

Approved by the Resolution of Council of Ministers of the Republic of Belarus and National Bank of the Republic of Belarus of December 22, 2022 No. 902/28

Regulations on procedure for forming and maintaining the register of payment service providers and types of the payment services rendered by them

Chapter 1. General provisions

1. This Provision determines procedure for forming and maintaining the register of payment service providers and types of the payment services rendered by them (further – the register), introduction in it of changes and structure of the data included in the register.

2. For the purposes of this provision terms are used in the values determined by the Law of the Republic of Belarus "About payment systems and payment services", the Law of the Republic of Belarus of July 22, 2003 No. 226-Z "About currency control and currency exchange control" and also the following terms and their determinations:

the applicant – the subject of payment legal relationship – the potential supplier of payment services, except for the state bodies rendering payment services based on acts of the legislation, the organizations having according to the Law of the Republic of Belarus "About payment systems and payment services" the right to rendering payment services of issue and (or) distribution of pre-paid financial payment product without inclusion in the register;

the responsible official in the field of prevention of legalization of income gained in the criminal way, financings of terrorist activities and financing of distribution of weapons of mass destruction (further – POD/FT) – the worker who according to local legal acts of the payment service provider performs measures for POD/FT.

3. The register is kept by National Bank in electronic form.

4. The financial organization joins in the register from the date of receipt of special permission (license) for implementation of banking activity which list of banking activities (which) includes banking activity on implementation of settlement servicing of physical and (or) legal entities (entry into force of the legal act granting the right to implementation of separate banking activities without receipt of special permission (license) for implementation of banking activity).

The financial organization which acquired the right to implementation of the corresponding banking activities before entry into force of the Law of the Republic of Belarus "About payment systems and payment services" from the date of its entry into force joins in the register.

5. Maintaining the register, including entering of data into the register, their processing, storage and use, information access, and also protection of these data are performed by National Bank taking into account requirements of the legislation on information, informatization, information security, the legislation on personal data.

Chapter 2. Structure of the data included in the register

6. The register joins the following data:

6.1. information about the payment service provider:

the name (complete and reduced) the legal entity or surname, own name, middle name (in the presence) the individual entrepreneur;

accounting number of the payer (tax number, the room of registration in tax authority, other similar number for the payment service provider – the nonresident);

location;

contact telephone numbers;

address (addresses) of e-mail;

the address (addresses) of the website (websites) on the global computer Internet (further – the Internet);

information about the head, the deputy manager supervising activities in the field of payment systems and payment services (in case of its availability), the chief accountant (accountant), the deputy chief accountant (in case of their availability) (the head of the organization or the individual entrepreneur who render services in conducting financial accounting and creation of the accounting and (or) financial reporting), beneficial owners;

information about the responsible official in the field of POD/FT;

6.2. the name of type of the payment service (types of payment services) rendered (rendered) by the payment service provider according to article 9 of the Law of the Republic of Belarus "About payment systems and payment services";

6.3. the registration number of the payment service provider assigned according to Item 8 of this provision;

6.4. date and number of the executive decision of National Bank about inclusion of the payment service provider and types of the payment services rendered to them in the register;

6.5. other data according to Item 7 of this provision.

7. Depending on type of the payment service rendered by the payment service provider the following information about the payment service provider is entered in the register:

7.1. in case of rendering services of the operator of payment system in the organization of payment system:

the name of payment system in which the payment service provider renders this payment service;

type of the importance of payment system;

decision date of National Bank about recognition of payment system significant (lost the importance);

7.2. in case of rendering services of initiation of payment and (or) issue (creation) or distribution of payment instruments:

the name of the payment instrument with which use initiation of payment at the payment service provider of initiation of payment is performed;

the name of the payment instrument, issue (creation) or distribution of which are performed by the payment service provider;

7.3. in case of rendering payment services on transactions with electronic money – the name of the payment system providing implementation of transactions with electronic money (further – electronic payment system), and (or) systems of the issuer of electronic money within which the payment service provider renders this payment service;

7.4. in case of rendering payment services of processing and (or) clearing – the name of payment and (or) clearing system within which rules the service of processing and (or) clearing is rendered;

7.5. in case of rendering information payment services – the name of the information payment services (the list of transactions within information payment services) rendered by the payment service provider.

8. In case of inclusion of information about the payment service provider and types of the payment services rendered to them in the register registration number of the following structure is assigned to the payment service provider:

AAA.UNP.BBB,

where AAA – the digital country code of registration of the payment service provider specified according to the nation-wide qualifier of the Republic of Belarus to OKRB 017-99 "The countries of the world" approved by the resolution of the State committee on standardization, metrology and certification of the Republic of Belarus of June 16, 1999 No. 8;

UNP – accounting number of the payer of the payment service provider – the resident or tax number, the room of registration in tax authority, other similar number of the payment service provider – the nonresident;

BBB – the code of the rendered payment service (the rendered payment services) appropriated according to structure of assignment of code of the rendered payment service (the rendered payment services) to the payment service provider according to appendix.

Chapter 3. Procedure for forming and maintaining register

9. For inclusion in the register the applicant submits in National Bank the application for inclusion in the register with appendix of documents to it (copies of the documents) specified in Items 11-14 of this provision.

10. Application for inclusion in the register is issued in one of state languages of the Republic of Belarus and includes the following data:

10.1. information on the applicant:

details of the applicant and his representative (representation) in the Republic of Belarus (in case of its availability): the name (complete and reduced), bank details, accounting number of the payer (tax number, the room of registration in tax authority, other similar number for the nonresident applicant), the location;

contact information of the applicant and his representative (representation) in the Republic of Belarus (in case of its availability): contact telephone numbers of the applicant, including head, the deputy manager supervising activities in the field of payment systems and payment services (in case of its availability), the chief accountant (accountant), the deputy chief accountant (in case of their availability) (the head of the organization or the individual entrepreneur who render services in conducting financial accounting and creation of the accounting and (or) financial reporting), the address (addresses) of e-mail, the address (addresses) of the website (websites) on the Internet;

data (surname, own name, middle name (in the presence), nationality, floor, details of the identity document, birth date and birth place, the residence and (or) the place of stay) about the head, the deputy manager supervising activities in the field of payment systems and payment services (in case of its availability), the chief accountant (accountant), the deputy chief accountant (in case of their availability) (the head of the organization or the individual entrepreneur who render services in conducting financial accounting and creation of the accounting and (or) financial reporting);

data (surname, own name, middle name (in the presence), position) about the responsible official in the field of POD/FT (are not represented by the applicant – the individual entrepreneur performing business activity individually);

data (surname, own name, middle name (in the presence), nationality, floor, details of the identity document, birth date and birth place, the residence and (or) the place of stay) about beneficial owners (are not represented by banks, the non-bank credit and financial organizations, "Development Bank of the Republic of Belarus" open joint stock company). If founder (the participant, the member) owning at least than 10 percent of shares (share in authorized fund, shares) the organizations of the applicant, is the legal entity, information in the amount determined in part seven of article 8 of the Law of the Republic of Belarus of June 30, 2014 No. 165-Z "About measures for prevention of legalization of income gained in the criminal way, financings of terrorist activities and financing of distribution of weapons of mass destruction" is specified in the statement for inclusion in the register;

details of special permission (license) for implementation of banking activity or details of the legal act according to which the financial organization has the right to perform separate banking activities without receipt of special permission (license) for implementation of banking activity (in the presence) if applicant is the financial organization – the nonresident;

10.2. the list rendered by the applicant (planned to rendering) payment services;

10.3. the list of the documents presented by the applicant in the list form with indication of the name of the document and the number of the pages containing in it.

11. The resident applicant, except for individual entrepreneurs, intending to render payment services for inclusion him in the register as payment service provider, represents to National Bank:

11.1. the documents containing data on net assets in the sizes established by National Bank;

11.2. the document (documents) containing (containing) information on general rules of rendering payment service, form and procedure for receipt of consent to payment transaction, withdrawal of such consent, the maximum term of rendering payment service and the used (accepted) payment instruments and (or) instruments of payment;

11.3. the document confirming ensuring fulfillment of requirements on continuity and reliability of provision of the payment services established in technical regulatory legal acts of National Bank;

11.4. the document confirming ensuring fulfillment of requirements on safety and information security, the established legislation if the payment service assumes processing of the data which are bank secrecy, personal data of users of payment services, and also other information, distribution and (or) provision of which is limited according to the legislation, except as specified, when this information is included by the applicant in rules of payment system;

11.5. information on the methods provided in Item 3 of article 37 of the Law of the Republic of Belarus "About payment systems and payment services" which will be applied by the applicant for the purpose of ensuring execution of the payment obligations on the accepted payments (to completeness of calculations for the accepted payments, by results of clearing), in case of intention to provide payment services of acquiring of payment transactions, issues (creation) or distribution of payment instruments, on transactions with electronic money, clearing. In case of opening in such purposes of the current (settlement) bank accounts with the special mode of functioning details of such accounts, in case of the conclusion of the credit agreement, the bank guarantee agreement, the insurance contract are specified, agreements of other type the copy of such agreement is submitted;

11.6. the document containing information on procedure for issue of payment instruments in case of intention to provide payment services of issue (creation) or distribution of payment instruments;

11.7. the document containing information on general rules of electronic payment system and (or) general rules of the issuer of electronic money in case of intention to render payment services on issue of electronic money;

11.8. the copy of the agreement signed by the applicant with the operator of electronic payment system and (or) the issuer of electronic money in case of intention to render payment services on transactions with electronic money (distribution, exchange, repayment). If operator of electronic payment system and (or) the issuer of electronic money is the nonresident, the document containing information on general rules of electronic payment system and (or) general rules of the issuer of electronic money is submitted;

11.9. the copy of the document on appointment of the responsible official in the field of POD/FT in the cases established by National Bank;

11:10. copies of the documents confirming availability of education and length of service of persons determined in Item 1 of article 32 of the Law of the Republic of Belarus "About payment systems and payment services" according to the qualification requirements established by National Bank;

11:11. the document (documents) confirming (confirming) concerning persons determined in Item 1 of article 32 of the Law of the Republic of Belarus "About payment systems and payment services", absence within the last year of the facts of termination of the employment contract (contract) at the initiative of the employer in case of committing by person of the guilty actions by the worker who is directly servicing cash and material values, which are the bases for loss of trust to it from the employer;

11:12. the documents specified in Item 14 of this provision in case of intention to render payment services of the operator of payment system.

12. The resident applicant who is the individual entrepreneur, intending to render payment services as the payment courier, and (or) the agent on distribution of electronic money, and (or) the agent on exchange of electronic money, and (or) the agent on repayment of electronic money for its inclusion in the register as payment service provider represents to National Bank:

12.1. the copy of the agreement signed by the applicant with the operator of electronic payment system and (or) the issuer of electronic money in case of intention to render payment services on transactions with electronic money (distribution, exchange, repayment). If operator of electronic payment system and (or) the issuer of electronic money is the nonresident, the document containing information on general rules of electronic payment system and (or) general rules of the issuer of electronic money is submitted;

12.2. copies of the documents confirming forming of guarantee fund of payment activities and (or) availability of the special account for placement and the cash accounting on the payments accepted by it in case of intention to render payment services as the payment courier.

13. The nonresident applicant intending to render payment services for its inclusion in the register as payment service provider represents to National Bank:

13.1. the document confirming registration in tax authorities of the Republic of Belarus or the respective country of organization of the applicant;

13.2. the copy of special permission to rendering payment services (other similar document) of country of incorporation of the applicant – foreign bank;

13.3. copies of constituent documents and certificates on state registration of the applicant (the legalized statement from the trade register of the country of organization of the organization or other equivalent proof of legal position of the organization according to the legislation of the country of its organization (the statement shall be dated not earlier than one year about day of filing of application about inclusion in the register);

13.4. the documents containing data on net assets in the sizes established by National Bank;

13.5. the document or the copy of the document of authorized body of country of incorporation of the applicant which contains the decision on the organization of payment system, in case of rendering payment service of the operator of payment system (in the presence);

13.6. the document (documents) containing (containing) information on general rules of rendering payment service, form and procedure for receipt of consent to payment transaction, withdrawal of such consent, the maximum term of rendering payment service and the used (accepted) payment instruments and (or) instruments of payment;

13.7. the document confirming ensuring fulfillment of requirements on continuity and reliability of provision of the payment services established in technical regulatory legal acts of National Bank;

13.8. the document confirming the organization of ensuring fulfillment of requirements for safety and information security, the established legislation if the payment service assumes processing of the data which are bank secrecy, personal data of users of payment services, and also other information, distribution and (or) provision of which are limited according to the legislation, except as specified, when this information is included by the applicant in rules of payment system;

13.9. information on the methods provided in Item 3 of article 37 of the Law of the Republic of Belarus "About payment systems and payment services" which will be applied by the applicant for the purpose of ensuring execution of the payment obligations on the accepted payments (to completeness of calculations for the accepted payments, by results of clearing), in case of intention to provide payment services of acquiring of payment transactions, issues (creation) or distribution of payment instruments, on transactions with electronic money, clearing. In case of opening in such purposes of the current (settlement) bank accounts with the special mode of functioning details of such accounts, in case of the conclusion of the credit agreement, the bank guarantee agreement, the insurance contract are specified, agreements of other type the copy of such agreement is submitted;

13:10. the document containing information on procedure for issue of payment instruments in case of intention to provide payment services of issue (creation) or distribution of payment instruments;

13:11. the document containing information on general rules of electronic payment system and (or) general rules of the issuer of electronic money in case of intention to render payment services on issue of electronic money;

13:12. the copy of the agreement signed by the applicant with the operator of electronic payment system and (or) the issuer of electronic money in case of intention to render payment services on transactions with electronic money (distribution, exchange, repayment). If operator of electronic payment system and (or) the issuer of electronic money is the nonresident, the document containing information on general rules of electronic payment system and (or) general rules of the issuer of electronic money is submitted;

13:13. copies of the documents confirming availability of education and length of service of persons determined in Item 1 of article 32 of the Law of the Republic of Belarus "About payment systems and payment services" according to the qualification requirements established by National Bank;

13:14. the copy of the document on appointment of the responsible official in the field of POD/FT in the cases established by National Bank;

13:15. the document (documents) confirming (confirming) concerning persons determined in Item 1 of article 32 of the Law of the Republic of Belarus "About payment systems and payment services", absence:

the outstanding or not removed criminal record;

the fact of participation in implementation, financing or other complicity in implementation of terrorist, extremist activities, distribution of weapons of mass destruction or legalization of income gained in the criminal way or availability of the document (documents) confirming (confirmatory) that the legislation of foreign state does not provide issue confirming (confirming) such data of the document (documents) concerning residents of this state;

the facts of implementation of the guilty (intentional) actions which entailed bankruptcy of the legal entity determined by the judgment which took legal effect;

within the last year of the facts of termination of the employment contract (contract) at the initiative of the employer in case of committing by person of the guilty actions by the worker who is directly servicing cash and material values, which are the bases for loss of trust to it from the employer;

13:16. the documents specified in Item 14 of this provision in case of intention to render payment services of the operator of payment system.

14. To the documents specified in Items 11 and 13 of this provision, the applicant, not being the financial organization intending to render payment services of the operator of payment system for inclusion in the register represents him to National Bank:

14.1. the document containing information from the rules of payment system conforming to requirements of articles 5 and 6 of the Law of the Republic of Belarus "About payment systems and payment services";

14.2. the list of types of payment service providers which will be attracted for rendering payment services in payment system. Types of payment service providers are specified depending on types of the payment services rendered by them according to article 9 of the Law of the Republic of Belarus "About payment systems and payment services";

14.3. written consent of the financial organization, including in the form of the agreement signed with it or its copy to become settlement center of payment system.

15. Responsibility for reliability of the submitted documents (copies of documents) is born by applicants.

16. In the course of consideration of the application about inclusion in the register and the documents submitted by the applicant, National Bank:

carries out assessment of structure and availability in contents of the documents of necessary information submitted by the applicant;

creates and sends inquiries of documents and (or) data to other state bodies, other organizations (if necessary);

receives necessary data from the state registers, registers, inventories, lists, catalogs, bases and databanks;

performs verification of presence of information about the head, the deputy manager (in case of its availability), the responsible official in the field of POD/FT, beneficial owners in the list of the organizations and physical persons the, including individual entrepreneurs involved in terrorist activities;

makes the decision on recognition of payment system significant according to the criteria determined in article 7 of the Law of the Republic of Belarus "About payment systems and payment services" (if necessary).

Within accomplishment of actions, the provided in paragraphs three and the fourth part one of this Item, the National Bank receives the data confirming concerning persons determined in Item 1 of article 32 of the Law of the Republic of Belarus "About payment systems and payment services", their compliance to requirements to goodwill.

17. The notification on inclusion in the register contains the following data:

name or surname, own name, middle name (in the presence) payment service provider;

accounting number of the payer (tax number, the room of registration in tax authority, other similar number for the payment service provider – the nonresident);

acceptance date of the executive decision about inclusion of the applicant in the register;

registration number of the payment service provider in the register;

the list of payment systems which operator is the payment service provider;

other data (if necessary).

Chapter 4. Modification of the register

18. Modification of the register is performed on the basis:

information which arrived in National Bank when implementing oversight of payment systems and control of compliance with law in the field of payment systems and payment services (further – control of payment activities);

statements of the payment service provider for modification of the register.

19. The National Bank based on the arrived information when implementing oversight of payment systems and control of payment activities carries out the analysis of compliance of significant payment system to criteria of the importance and if necessary enters corresponding changes in the register without statement of the payment service provider. The National Bank notifies the payment service provider on the made changes.

In all other cases of change are entered in the register based on the application for modification of the register submitted by the payment service provider in National Bank.

20. Application for modification of the register is issued in one of state languages of the Republic of Belarus and includes the following information:

name or surname, own name, middle name (in the presence) payment service provider;

registration number of the payment service provider in the register;

list of changes.

21. In case of change of the data specified in subitem 6.1 of Item 6 of this provision the next working day after the moment of approach of changes the payment service provider submits the application for modification of the register in National Bank.

22. In case of change of the data specified in subitem 6.2 of Item 6 of this provision regarding expansion or reducing the list of types of payment services the payment service provider directs to National Bank the application for modification of the register with appendix to it of the documents specified in Items 11-14 of this provision (except for statements for inclusion in the register).

23. The application for modification of the register is considered according to the procedure, provided in Provision Item 16.

24. The organization which is the operator of payment system, intending to become the operator of other payment system directs to National Bank the application for modification of the register with appendix to it of the documents specified in Item 14 of this provision.

The statement specified in part one of this Item is considered according to the procedure, provided in Item 16 of this provision.

In case of acceptance National bank of the decision on entering into the register of the organization which is the operator of payment system as the operator of other payment system the National Bank includes data in the register without assignment of new registration number and sends to the payment service provider the notification on modification of the register.

The organization has the right to become the operator of other payment system from the date of receipt of the notification on modification of the register.

Chapter 5. Exception of the register

25. The National Bank has the right to make the decision on exception of the payment service provider of the register on the bases specified in Item 1 of article 36 of the Law of the Republic of Belarus "About payment systems and payment services".

26. The decision on exception of the payment service provider of the register is made based on the arrived information when implementing oversight of payment systems and control of payment activities or the statement of the payment service provider for exception of the register.

27. Application for exception of the register is issued in one of state languages of the Republic of Belarus and shall include the name or surname, own name, middle name (in the presence) the payment service provider and registration number of the payment service provider in the register with indication of the working day in which the information about the payment service provider and types of the payment services rendered to them is excluded from the register.

28. To the payment service provider the notification on exception of the register with indication of the basis of exception and date with which the information about the payment service provider and types of the payment services rendered to them is excluded from the register goes.

29. The payment service provider excluded from the register posts on the website on the Internet information on exception of the register no later than the working day following behind day of receipt of the notification on exception of the register.

 

Appendix

to Regulations on procedure for forming and maintaining the register of payment service providers and types of the payment services rendered by them

Structure of code of the rendered payment service (the rendered payment services) to the payment service provider

Symbol	Code	Name of payment service
A	1	service of the operator of payment system
B	2	settlement services
With	3	payment initiation
D	4	acquiring of payment transactions
E	5. XXXX	issue (creation) or distribution of payment instruments
	5.1XXX	issue (creation) or distribution of payment instruments: issue of bank payment cards
	5. X1XX	issue (creation) or distribution of payment instruments: issue (creation) of other payment instruments requiring opening and account management and carrying out settlement transactions on the payments accepted when using such tools
	5. XX1X	issue (creation) or distribution of payment instruments: issue (creation) of other payment instruments, except for the payment instruments requiring opening and account management and carrying out settlement transactions on the payments accepted when using such tools
	5. XXX1	issue (creation) or distribution of payment instruments: distribution of payment instruments on behalf of issuers of payment instruments
F	6. XXXX	payment services on transactions with electronic money
	6.1XXX	payment services on transactions with electronic money: issue
	6. X1XX	payment services on transactions with electronic money: distribution
	6. XX1X	payment services on transactions with electronic money: exchange
	6. XXX1	payment services on transactions with electronic money: repayment
G	7	clearing services
H	8	processing services
I	9	information payment services

Notes:

1. The code of the rendered payment service (the rendered payment services) has appearance of A-B-C-D-E-F-G-H-I where to each symbol there corresponds the code specified in this appendix.

2. The code of the rendered payment service (the rendered payment services) is assigned depending on the list of types of the payment services rendered by the payment service provider. In case of non-rendering by the supplier of payment service any of the corresponding symbol of code of the rendered payment service (the rendered payment services) specified in this appendix of services value "0" is appropriated.

3. In case of assignment of the codes corresponding to symbols E and (or) F, value "0" is appropriated to symbol "H".

4. In case of rendering two and more payment services by the payment service provider the code of the rendered payment service (the rendered payment services) is created by combination of codes of the corresponding symbols.

5. In case of display of registration number of the payment service provider on the official site of National Bank on the Internet it is allowed to lower the corresponding symbols which value completely consists of zero.

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