RESOLUTION OF NATIONAL BANK REPUBLIC OF MOLDOVA

of November 30, 2023 No. 239

About introduction of amendments to the Resolution of Administrative board of National Bank of Moldova No. 51/2009 on approval of Regulations about permission of some currency transactions by National Bank of Moldova

Based on Item and) article 51 of the Law on National Bank of Moldova No. 548/1995 (repeated publication in Monitorul Oficial al Republicii Moldova, 2015, Art. No. 297-300, 544), with subsequent changes, and also Article 55 and part (3) article 67 of the Law on currency control No. 62/2008 (repeated publication in Monitorul Oficial al Republicii Moldova, 2016, Art. No. 423-429, 859), with subsequent changes, DECIDES: Executive committee of National Bank of Moldova

1. In the Resolution of Administrative board of National Bank of Moldova No. 51/2009 on approval of Regulations on permission of some currency transactions by National Bank of Moldova (Monitorul Oficial al Republicii Moldova, 2009, No. 57-58, of the Art. 251), with subsequent changes, registered in the Ministry of Justice of the Republic of Moldova at No. 665 of March 16, 2009, to make the following changes:

1) In formula of adoption of the resolution:

a) to replace the text of "The law on National Bank of Moldova No. 548-XIII of July 21, 1995" with the text of "The law on National Bank of Moldova No. 548/1995";

b) to replace the text of "The law on currency control No. 62-XVI of March 21, 2008" with the text of "The law on currency control No. 62/2008";

2) In option in Russian the text remains without changes;

3) In Item 1:

a) the subitem a), after the word "document" to add with the text" (on paper or electronically)";

b) in the subitem e) the text "subitems c) - g)" to replace with the text "subitems c), e) - g)";

c) in the subitem f) the text "subitems b) - g)" to replace with the text "subitems b) - d), f), g)";

d) the subitem g), after the words "subject to permission" to add with the text "according to the Law No. 62/2008", and after the word "gives" to add with the text" (on paper or electronically)";

e) in the subitem h) "branches" to replace the word with the word of "department";

4) In the subitem and) Item 2 after the word "transactions" to add with the text ", to the statement for issue of the duplicate of permission", to "this statement" shall be replaced with words words to "these statements";

To add 5) In Item 5 after the word "Permission" with the words "on implementation", and words of "any obligations" to replace with the word of "obligations";

Item 5-1 to state 6) in the following edition:

"5-1. These regulations contain requirements from the point of view of currency control and do not exempt the residents who got permissions of NBM to implementation of currency transactions, suppliers of payment resident services (further - suppliers PUR) through whom the permitted currency transactions are performed, from obligation to observe the provisions concerning the corresponding currency transactions, established by other regulations and also from application of measures according to requirements of the legislation in the field of the prevention and anti-money laundering and terrorism financing.";

"Constituent documents of resident and" to exclude 7) In Item 7 of the word;

8) 8, after the word of "transactions" to add Item with the text", and also duplicates of permissions";

To Add 9) with Items 8-2 - 8-4 following of content:

"8-2. Statements for issue of permission of NBM and documents attached to them are filed to National Bank of Moldova by physical resident persons on paper or electronically, and the legal resident persons and physical resident persons who are engaged in certain type of activity - electronically.

8-3. The resident submitting the documents provided by these regulations, electronically shall use the qualified digital signature according to the Law on electronic identification and confidential services No. 124/2022 (further - the Law No. 124/2022).

8-4. The National Bank of Moldova does not resolve the currency transactions specified in Item 3, under conditions, in case of which:

a) the physical or legal resident person intending to perform currency transaction and/or physical or legal nonresident person, the partner of the corresponding currency transaction, and/or the payment service provider the nonresident through whom currency transaction will be performed is subject of the international restrictive measure which began to be applied in the territory of the Republic of Moldova in accordance with the terms, provided by the Law No. 25/2016 on application of the international rationing arrangements, and

b) this international restrictive measure is object or the investigation restriction of the right to carrying out the corresponding currency transaction.

In case of decision making about permission of currency transaction the National Bank of Moldova will consider the exceptions established by the Law No. 25/2016 on application of the international rationing arrangements.";

10) In the subitem and) Item 9 "the licensed bank and the non-bank supplier PUR having the license granted by National Bank of Moldova" to replace the text with the text of "legal resident person whose activities according to the Law on National Bank of Moldova No. 548/1995 are licensed, regulated and is under the supervision of National Bank of Moldova";

11) Item 11

a) subitem 1):

in Item a) the text "7, 8 and 16" to replace with the text "7, 8, 151 and 16";

in Item b) the text "8, 9 and 16" to replace with the text "8, 9, 151 and 16";

in Item c) the text "11 and 16" to replace with the text "11, 151 and 16";

in Item d) the text "10 and 16" to replace with the text "10, 151 and 16";

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