INSTRUCTION OF CENTRAL BANK OF THE RUSSIAN FEDERATION

of December 26, 2022 No. 6336-U

About procedure for realization by the Bank of Russia of the powers provided by part 18 of Article 5 and part 17 of article 10 of the Federal Law of July 31, 2020 No. 259-FZ "About digital financial assets, digital currency and about modification of separate legal acts of the Russian Federation"

This Instruction based on part 18 of Article 5 and part 17 of article 10 of the Federal Law of July 31, 2020 No. 259-FZ "About digital financial assets, digital currency and about modification of separate legal acts of the Russian Federation" <1> establishes procedure for realization by the Bank of Russia of the powers provided by part 18 of Article 5 and part 17 of article 10 of the Federal Law of July 31, 2020 No. 259-FZ "About digital financial assets, digital currency and about modification of separate legal acts of the Russian Federation".

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<1> Russian Federation Code, 2020, No. 31, Art. 5018; 2022, No. 29, Art. 5298.

1. In time, No. 259-FZ which is not exceeding 90 working days from the date of identification of violation by the Bank of Russia by the operator of information system in which release of digital financial assets is performed (further - the operator of information system), requirements of the Federal Law of July 31, 2020 "About digital financial assets, digital currency and about modification of separate legal acts of the Russian Federation" <1> (further - the Federal Law of July 31, 2020 No. 259-FZ), the regulations of the Bank of Russia, provisions of rules of information system adopted according to it in which release of digital financial assets, rights and legitimate interests of users of information system in which release of digital financial assets, or in case of availability of threat to the rights and legitimate interests of users of information system in which release of digital financial assets is performed is performed is performed, based on article 76.3 of the Federal Law of July 10, 2002 No. 86-FZ "About the Central bank the Russian Federation (Bank of Russia)" <2> Committee of financial supervision of the Bank of Russia accept one or several of the following decisions:

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<1> Russian Federation Code, 2020, No. 31, Art. 5018; 2022, No. 29, Art. 5298.

<2> Russian Federation Code, 2002, No. 28, Art. 2790; 2015, No. 29, Art. 4357; 2021, No. 27, Art. 5187.

the decision establishing obligation of the operator of information system in parts or in full to stop the address of digital financial assets by prohibition on introduction and (or) change of records about digital financial assets in information system (further - prohibition on introduction and (or) change of records about digital assets);

the decision establishing obligation of the operator of information system providing the conclusion of transactions with the digital financial assets issued in information system which operator he is, on restriction fully or partially of implementation of activities for providing the conclusion of transactions with digital financial assets (further - restriction of activities of the operator of information system);

the decision containing the requirement to the operator of information system about replacement of person performing functions of sole executive body of the operator of information system.

2. In time, No. 86-FZ which is not exceeding 90 working days from the date of identification of violation by the Bank of Russia by the operator of exchange of the digital financial assets (further - the operator of exchange) requirements of the Federal Law of July 31, 2020 No. 259-FZ adopted according to it regulations of the Bank of Russia, provisions of rules of the operator of exchange, the rights and legitimate interests of users of information system in which release of digital financial assets is performed or in case of availability of threat to the rights and legitimate interests of users of information system in which release of digital financial assets is performed based on article 76.3 of the Federal Law of July 10, 2002 "About the Central bank the Russian Federation (Bank of Russia)" Committee of financial supervision of the Bank of Russia accepts one or several of the following decisions:

the decision establishing obligation of the operator of exchange on restriction fully or partially of implementation of activities for providing the conclusion of transactions with digital financial assets (further - restriction of activities of the operator of exchange);

the decision containing the requirement to the operator of exchange about replacement of person performing functions of sole executive body of the operator of exchange.

3. No later than the working day following behind day of acceptance of one of the decisions provided by Items 1 and 2 of this Instruction, to the operator of information system and (or) the operator of exchange (further in case of joint mentioning - the operator) the instruction of the Bank of Russia goes:

about establishment of prohibition on introduction and (or) change of records about digital assets - in case of the decision making establishing prohibition on introduction and (or) change of records about digital assets;

about restriction of activities of the operator of information system or about restriction of activities of the operator of exchange (further in case of joint mentioning - restriction of activities of the operator) - in case of the decision making setting restriction of activities of the operator;

the containing requirement to the operator of information system or the requirement to the operator of exchange about replacement of person performing functions of sole executive body of the operator (further in case of joint mentioning - the requirement about replacement of sole executive body of the operator), - in case of the decision making containing the requirement about replacement of sole executive body of the operator.

In case of acceptance concerning the operator at the same time of several decisions provided by Items 1 and 2 of this Instruction, to the operator one instruction about all decisions made on it goes.

4. In the instruction of the Bank of Russia provided by paragraphs the second - the fourth Item 3 presents of the Instruction (further in case of joint mentioning - the instruction), are specified the following data:

4.1. The complete and reduced (in the presence) names, identification taxpayer number (further - INN) and the primary state registration number (further - PSRN) the operator;

4.2. The reference to regulations of the Federal Law of July 31, 2020 No. 259-FZ, regulations of the Bank of Russia, provision of rules of information system adopted according to it in which release of digital financial assets, rules of the operator of exchange which violation by the operator is the basis for acceptance of one or several of the decisions provided by Items 1 and 2 of this Instruction if the basis for acceptance of one or several of the specified decisions is violation of the specified regulations and (or) provisions is performed;

4.3. Reasons for conclusions about violation of the rights and legitimate interests of users of information system in which release of digital financial assets, or about threat to the rights and legitimate interests of users of information system in which release of digital financial assets which are the basis for acceptance of one or several of the decisions provided by Items 1 and 2 of this Instruction if the basis for acceptance of one or several of the specified decisions is violation of the rights and legitimate interests of users of information system in which release of digital financial assets, or threat to the rights and legitimate interests of users of information system in which release of digital financial assets is performed is performed is performed is performed;

4.4. Instruction on prohibition on introduction and (or) change of records about digital assets, on restriction of activities of the operator and (or) the requirement about replacement of sole executive body of the operator;

4.5. Effective period of prohibition on introduction and (or) change of records about digital assets and (or) restrictions of activities of the operator or specifying on what specified will lock and (or) restriction are effective before their cancellation, in case of decision making about prohibition on introduction and (or) change of records about digital assets and (or) the decision setting restriction of activities of the operator;

4.6. The term within which replacement of person performing functions of sole executive body of the operator in case of the decision making containing the requirement about replacement of sole executive body of the operator shall be performed.

5. The instruction shall be sent to the operator concerning whom it is accepted one or several of the decisions provided by Items 1 and 2 of this Instruction in electronic form according to the procedure determined based on parts one and the eighth article 76.9 of the Federal Law of July 10, 2002 No. 86-FZ "About the Central bank the Russian Federation (Bank of Russia)" <1> (further - order of interaction).

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<1> Russian Federation Code, 2002, No. 28, Art. 2790; 2015, No. 29, Art. 4357; 2021, No. 27, Art. 5187.

6. If according to subitem 4.5 of item 4 of this Instruction the instruction contains effective period of prohibition on introduction and (or) change of records about digital assets and (or) restrictions of activities of the operator, the instruction is cancelled completely (partially) after the term established in it, except for cancellations (partial cancellation) of prohibition on introduction and (or) change of records about digital assets and (or) restrictions of activities of the operator before the termination of term of their action according to Items 9 - 11 these Instructions in case of receipt in the Bank of Russia of documents and information on elimination (partial elimination) by the operator of circumstances which led to emergence of the bases for establishment of prohibition on introduction and (or) change of records about digital assets and (or) restrictions of activities of the operator.

7. If according to subitem 4.5 of item 4 of this Instruction the instruction contains specifying what will lock introduction and (or) change of records about digital assets and (or) restriction of activities of the operator is affected before their cancellation, the prohibition on introduction and (or) change of records about digital assets and (or) restriction of activities of the operator are cancelled partially cancelled) according to Items 9 - 11 these Instructions in case of receipt in the Bank of Russia of documents and information on execution of the instruction by the operator.

8. If according to subitem 4.6 of item 4 of this Instruction the instruction contains the term of replacement of sole executive body of the operator, the instruction is cancelled regarding the requirement about replacement of sole executive body of the operator in day of obtaining by the Bank of Russia from the operator of documents and information on execution by the operator of the specified requirement, except for cancellations of the instruction regarding the requirement about replacement of sole executive body of the operator before the termination of term of replacement of sole executive body of the operator according to Items 9 - 11 these Instructions in case of receipt in the Bank of Russia of documents and information on elimination of circumstances by the operator which led to emergence of the bases for presentation of the specified requirement.

9. The decision on cancellation (partial cancellation) of prohibition on introduction and (or) change of records about digital assets and (or) restrictions of activities of the operator and (or) the decision on cancellation of the requirement about replacement of sole executive body of the operator are accepted by Committee of financial supervision of the Bank of Russia in time, not exceeding 90 working days from the date of receipt in the Bank of Russia:

according to Item 6 of this Instruction - documents and information on elimination (partial elimination) by the operator of circumstances which led to emergence of the bases for establishment of prohibition on introduction and (or) change of records about digital assets and (or) restrictions of activities of the operator;

according to Item 7 of this Instruction - documents and information on execution of the instruction by the operator;

according to Item 8 of this Instruction - documents and information on elimination of circumstances by the operator which led to emergence of the bases for submission of demand about replacement of sole executive body of the operator.

10. By results of the made decision on cancellation (partial cancellation) of prohibition on introduction and (or) change of records about digital assets and (or) restriction of activities of the operator and (or) the decision on cancellation of the requirement about replacement of sole executive body of the operator to the operator the instruction of the Bank of Russia about cancellation (partial cancellation) of the instruction in which the following data are specified goes:

10.1. The complete and reduced (in the presence) names, INN and PSRN of the operator to whom the instruction of the Bank of Russia about cancellation (partial cancellation) of the instruction goes;

10.2. Number and date of the instruction which is cancelled (is partially cancelled) by the instruction of the Bank of Russia about cancellation (partial cancellation) of the instruction;

10.3. Instruction on the cancelled (partially cancelled) prohibitions on introduction and (or) change of records about digital assets and (or) restriction of activities of the operator and (or) on the cancelled requirement about replacement of sole executive body of the operator.

11. The Bank of Russia sends to the operator the instruction of the Bank of Russia about cancellation (partial cancellation) of the instruction no later than the working day following behind day of decision making about cancellation (partial cancellation) of prohibition on introduction and (or) change of records about digital assets and (or) restriction of activities of the operator and (or) the decision on cancellation of the requirement about replacement of sole executive body of the operator according to order of interaction.

12. No later than the working day following behind day of the direction the Bank of Russia to the operator of the instruction, instruction of the Bank of Russia about cancellation (partial cancellation) of the instruction, the Bank of Russia shall post on the official site on the data Internet, specified in subitems 4. 1, 4.4 - 4.6 items 4 of this Instruction (in case of the direction the Bank of Russia of the instruction), or the data specified in subitems 10.1 - 10.3 Items 10 of this Instruction (in case of the direction the Bank of Russia of the instruction about cancellation (partial cancellation) of the instruction).

13. This Instruction becomes effective after 10 days after day of its official publication.

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