RESOLUTION OF THE STATE TAX COMMITTEE OF THE REPUBLIC OF UZBEKISTAN, CENTRAL BANK OF THE REPUBLIC OF UZBEKISTAN, UZBEK COMMUNICATION AGENCY AND INFORMATIZATION

of August 15, 2009 No. 2009-26, 15 of August, 2009 No. 311-B, 15 of August, 2009 No. 252

About approval of the Regulations on procedure for acceptance by payment agency network of payments from physical persons

According to the Law of the Republic of Uzbekistan "About the Central bank of the Republic of Uzbekistan" (Sheets of Oliy Majlis of the Republic of Uzbekistan, 1995, N 12, the Art. 247), the resolution of the President of the Republic of Uzbekistan of April 15, 2005 N PP-57 "About additional measures for enhancement of cash currency circulation and reducing extra bank turnover" (Collection of the legislation of the Republic of Uzbekistan, 2005, N 39, the Art. 296) and the resolution of the Cabinet of Ministers of the Republic of Uzbekistan of November 22, 2000 N 458 "About measures for enhancement of management system in the field of telecommunications and mail service" (2000, N 9-10, Art. 146) Board of the Central bank, the State Tax Committee of the Republic of Uzbekistan both the Uzbek communication agency and informatizations decide collection of the legislation of the Republic of Uzbekistan:

1. Approve Regulations on procedure for acceptance by payment agency network of payments from physical persons according to appendix.

2. This resolution becomes effective after ten days from the date of its state registration in the Ministry of Justice of the Republic of Uzbekistan.

 

Chairman Central Bank

F.Mullazhanov

Chairman State Tax Committee

B. Parpiyev

CEO Uzbek agency bonds and informatizations

A. Aripov

Appendix

to the resolution of Board of the Central bank, State Tax Committee of the Republic of Uzbekistan, the Uzbek communication agency and informatization of August 15, 2009 No. No. 311-B, 2009-26,252

Regulations on procedure for acceptance by payment agency network of payments from physical persons

This Provision according to the Law of the Republic of Uzbekistan "About the Central bank of the Republic of Uzbekistan" (Sheets of Oliy Majlis of the Republic of Uzbekistan, 1995, N 12, the Art. 247), the resolution of the President of the Republic of Uzbekistan of April 15, 2005 N PP-57 "About additional measures for enhancement of cash currency circulation and reducing extra bank turnover" (Sheets of chambers of Oliy Majlis of the Republic of Uzbekistan, 2005, N 3-4, Art. 145) and the resolution of the Cabinet of Ministers of the Republic of Uzbekistan of November 22, 2000 N 458 "About measures for enhancement of management system in the field of telecommunications and mail service" (The collection of the legislation of the Republic of Uzbekistan, 2000, N 9-10, Art. 146) determines procedure for acceptance by payment agency network of payments from physical persons.

I. General provisions

1. Action of this provision does not extend to the relations connected with carrying out calculations:

performed by legal entities or individual entrepreneurs in case of sales of goods (performance of works, rendering services) to directly physical persons;

between legal entities and/or individual entrepreneurs when implementing of business activity by them;

for benefit of nonresidents of the Republic of Uzbekistan;

the payments performed via bank transfer, except for with use of bank plastic cards of physical persons, and also in system of retail payments according to the Law of the Republic of Uzbekistan "About electronic payments" (Collection of the legislation of the Republic of Uzbekistan, 2005, N 51, the Art. 373).

2. In this Provision the following concepts are used:

the general agent - the legal entity providing intermediary services in acceptance of payments from physical persons for services of the supplier through own Items of payment or Items of payment of payment agents and subagents based on the contracts signed with suppliers, with use of hardware and software system;

the guarantee fee - the sum of money which is deposit on account of implementation of payments, listed by the payment agent / subagent to the general agent and the general agent to the supplier in ensuring agreement performance;

the supplier - the legal entity having the contract with the general agent of payment agency network, except for credit institutions, receiving money of physical persons for implementable goods and the rendered services (further - services);

the terminal - the stationary or mobile device (the portable portable devices having wireless access to network and independent source of power supply), and also the self-service device (the self-service booths accepting payment with participation or without participation of the payment agent / subagent) for implementation of payments of physical persons using hardware and software system of the general agent (further - hardware and software system);

payment agency network - the system including the general agent, payment agents and subagents performing activities based on the agreements signed between them;

the payment agent / subagent - the legal entity and/or the individual entrepreneur having the contract with the general agent, performing activities for acceptance of payments from physical persons stationary or mobile;

the payer - the physical person performing introduction to the general agent or the payment agent / subagent of money for the purpose of execution of monetary commitments before the supplier, including advance payment for services of the supplier.

2. Acceptance of payments from payers by the general agent or the payment agent / subagent is performed for execution of monetary commitments of payers before suppliers, and also before public authorities on places, self-government institutions of citizens and others.

II. Order of registration of the general agent

4. Registration of the legal entity as the general agent is performed by the Central bank of the Republic of Uzbekistan (daleetsentralny bank).

5. For registration of the legal entity as the general agent the payment in the amount of the 140th thousandfold minimum wage is levied. The legal entity whose size of the state share in authorized fund constitutes more than 25 percent from the general size of authorized fund is exempted from payment for registration.

6. Until registration as the general agent in the Central bank the legal entity shall have:

a) the authorized capital created in the amount at least 200 Ltd companies of euro in equivalent;

b) signed provisional agreements on provision of services on collection of payments with the following suppliers:

with mobile operators;

with city telephone network of the city of Tashkent;

with the organizations delivering the electric power and natural gas to the population.

c) the license granted by the Uzbek communication agency and informatizations in the procedure established by the legislation;

d) the training program of training of payment agents / subagents for work in hardware and software system, with the subsequent issue of the appropriate certificate;

e) expert opinion of the Uzbek communication agency and informatization on hardware and software system compliance to requirements of information and other security, stability and uninterruptedness;

e) own hardware and software system which is in the territory of the Republic of Uzbekistan;

g) digital signatures at the different levels of document flow of hardware and software system;

h) payment agents / subagents on all territory of the Republic of Uzbekistan in number of at least 15 thousand;

i) own trademark and service mark registered in the procedure established by the legislation.

7. The legal entity meeting the requirements of Item 6 of this provision submits in the Central bank the application for registration as the general agent (further - the statement).

Are enclosed to the application:

the bank payment document confirming the corresponding payment for registration;

notarized copies of constituent documents and certificate on state registration of the legal entity;

the certificate on forming of authorized fund and the copy of the balance sheet for the accounting period (except for the newly created organizations);

copies of signed provisional agreements with suppliers;

the copy of the license granted by the Uzbek communication agency and informatizations;

benefit on training in work in hardware and software system and sample of the certificate on training issued to the payment agent / subagent;

the copy of the expert opinion of the Uzbek communication agency and informatization about hardware and software system compliance to requirements of information and other security, stability and uninterruptedness;

the statement from the Register of certificates of keys of the digital signatures in paper form registered addressed to payment agents / subagents;

the statement from the report of the last audit inspection on availability at least 15 thousand payment agents / subagents certified by auditing organization;

the copy of the certificate on the trademark and service mark issued by the State patent authority of the Republic of Uzbekistan.

Lack of one of the documents specified in this Item is the basis for return of the statement.

8. The decision on registration or motivated refusal in registration is accepted no later than 30 working days from the date of receipt of the statement with appendix of necessary documents.

After elimination of the reasons which formed the basis for refusal in registration, the legal entity has the right to address to the Central bank repeatedly after 3 months after date of refusal in registration.

9. Central Bank notifies the legal entity about the made decision within three days after its acceptance in writing. In case of refusal in registration the amount of the paid payment is subject to return during five banking days.

In case of decision making about registration by the Central bank the registration certificate of the general agent is granted.

III. Procedure for the conclusion of contracts between the general agent and payment agent / subagent

10. For acceptance of payments from payers the general agent signs the contract with the payment agent.

11. The payment agent has the right to sign agreements with subagents.

12. The contract between the general agent and the payment agent, and also between the payment agent and the subagent shall contain conditions about the subject of the agreement, procedure for relation of the parties and carrying out calculations, procedure for acceptance of payments, the list of suppliers, types of service for which the payment agent / суагент has the right to accept payment, amount of remuneration, responsibility of the parties, procedure for the dispute resolution, the duration of the agreement, procedure for use of the trademark and service mark of the general agent, procedure for registration of collection point for payment, and also other conditions.

13. In case of the conclusion of the contract between the general agent and the payment agent, and also between the payment agent and the subagent the payment agent and the subagent shall provide the copy of the following documents:

certificates on state registration of the payment agent / subagent;

passports of the head of the payment agent / subagent (individual entrepreneur);

lease contracts of the room or the documents confirming the property right of the payment agent / subagent to the room used as collection point for payment;

contracts with the servicing bank on opening of the special account for transfer of payments.

14. The conclusion of the contract with the payment agent / subagent who did not submit the documents provided in Item 13 of this provision is not allowed.

15. The payment agent / subagent accepts payments from payers within the guarantee fee transfered to account the general agent / the payment agent with the account of the payment agent / subagent.

16. Authentication of the payment agent / subagent in hardware and software system for carrying out payments is performed by means of provision of login and the password, and also other means of safe access, on the conditions provided by the agreement signed between the general agent and the payment agent / subagent.

IV. Procedure of payments

17. Methods and possibilities of acceptance of payments from payers are determined by the contract between the supplier and the general agent. At the same time it is necessary to paint precisely and fully conditions of acceptance of payments and the main identification data of the payer.

18. The monetary commitment of the payer before the supplier is considered fulfilled from the moment of receipt of the check issued to the payer after implementation of payments.

19. When rendering services in acceptance of payments remuneration according to the rates established by the general agent or the payment agent / subagent can be levied from the payer. At the same time rates shall be placed in the place, publicly available.

The general agent or the payment agent / subagent has no right to establish and levy from the payer any additional amounts (markup) for the services over remuneration.

In case of violation of the rights of the payer, the general agent or the payment agent / subagent bears responsibility in the procedure established by the legislation.

20. In case of wrong payment the general agent or the payment agent / subagent shall make cancellation of effected payment. Cancellation of payment is made by provision of the document confirming the corresponding payment.

The procedure for cancellation of effected payment is established by the general agent.

21. Information on the accepted payments is stored in hardware and software system and on electronic media of the supplier during the term established by the legislation.

22. The general agent or the payment agent / subagent using mobile devices has the right to render services in acceptance of payments with departure on the location of the potential payer. At the same time payment shall be made with use of the mobile device, in real time, with issue of the check.

V. The checks issued to payers after implementation of payments

23. After successful implementation of payments the check shall be issued to the payer.

24. The lack of distribution to the payer after acceptance of money attracts with the general agent or the payment agent / subagent of the check responsibility of the general agent or payment agent / subagent according to the legislation.

25. The check shall contain the following details:

a) name of the general agent or registered trade mark and service mark of the general agent;

b) INN of the general agent or payment agent / subagent;

c) the name of the supplier and type of the paid service;

d) number of the terminal of the payment agent / subagent registered in hardware and software system;

e) identification data of the payer (phone number, number of personal account, etc.);

e) date and time of implementation of payments;

g) total amount of the accepted money;

h) amount of remuneration, paid by the payer, in case of its collection;

i) conditions of carrying out payment (in real time or with delay);

j) other necessary information depending on specifics of services.

26. The checks issued to the payer after implementation of payments are equated to the documents confirming fee.

VI. Implementation of payments with use of devices of self-service

27. Payment can be performed by the payer via the self-service device connected to hardware and software system.

28. The device of self-service and its placement shall meet all safety requirements established by the legislation.

29. The self-service device, as well as other types of terminals, shall issue the corresponding check meeting the requirements established by this Provision.

30. For placement of the device of self-service the general agent or the payment agent / subagent shall have all necessary documents concerning the right of installation of the device of self-service in this place.

31. The general agent or the payment agent / subagent shall designate the responsible person for observation and carrying out scheduled technical maintenance on servicing of the device of self-service.

32. The general agent or the payment agent / subagent performs collection of the cash which is saved up by the self-service device in the procedure established by the legislation.

33. For violation of established procedure of collection of the cash which is saved up by the self-service device, the general agent or the payment agent / subagent bears responsibility according to the legislation.

34. The device of self-service shall allow the payer to study the short instruction / information for use of the device of self-service for implementation of payments for services of suppliers.

35. The device of self-service may contain necessary information for the payer on services of suppliers for benefit of which payment (the list of suppliers, amount of remuneration, etc.), and also any other information which is not contradicting the legislation is carried out (information messages, etc.).

VII. Procedure for transfer by payment agents / subagents of the guarantee fee from special accounts for payment implementation

36. For the purpose of rendering services in acceptance of payments and ensuring execution of terms of the contract the payment agent / subagent lists the guarantee fee to the general agent, and the general agent to the supplier.

37. The size of the initial guarantee fee is established in the agreements signed between the general agent and suppliers, and also the general agent and the payment agent, the payment agent and the subagent.

38. In subsequent the size of the guarantee fee is determined by the mutual agreement of the parties at the rate of amount of the accepted payments within at least one day.

39. The guarantee fee is accepted by the supplier from the general agent or the general agent from the payment agent, the payment agent from the subagent in national currency of the Republic of Uzbekistan.

40. The supplier and the general agent or the payment agent do not charge percent on the guarantee fee.

41. The payment agent shall transfer timely money as the guarantee fee to account of the general agent, and the subagent into the account of the payment agent from the main on-demand deposit account.

42. Not used means of the guarantee fee return to the general agent or the payment agent / subagent in case of the termination of effective period or termination of the relevant agreement.

VIII. Accounting treatment for money on bank accounts and their uses

43. The servicing bank based on the statement of the general agent or the payment agent / subagent opens the special account on the balance sheet account 22604 "Other Deposits of Clients — Nakopitelnyytseleva".

44. For opening of the special account the general agent or the payment agent / subagent provides in the agreement on collection of cash revenue servicing bank.

45. The special account of the general agent or payment agent / subagent shall be replenished with them by cash deposit of money through services of collection.

46. The general agent or the payment agent / subagent in case of investment of cash revenue in collector sacks, on the back the superimposed and accompanying sheet makes the following record:

"Cash revenue of the general agent or payment agent / subagent on acceptance of payments from payers of sostavlyaet_sum".

47. The collected revenue of the general agent or payment agent / subagent is enlisted into account 22604 "Other deposits of clients Accumulative - Target" through account 19903 "The collected cash revenue and checks". For transfer of the collected cash cash revenue of the client of other bank account 29804 "The collected cash revenue and checks of clients of other banks" is opened.

48. For transfer of the means which arrived from bank plastic cards of physical persons account 29814 "The arrived revenues by means of terminals which are subject to transfer into customer accounts" with the termination 555 is opened.

49. In turn, banks no later than the next working day transfer the funds enlisted on account 29804 or 29814, into account 22604 "Other deposits of clients - Accumulative - Target" the general agent or the payment agent / subagent the memorial order.

50. Replenishment of the guarantee fee of the general agent or payment agent / subagent from its key account is poste restante performed only within the amount credited in this respect from special account 22604.

51. The servicing banks bear responsibility for ensuring revenues to the special account of the general agent or the payment agent / subagent only of that cash which is received by the general agent or the payment agent / subagent for the rendered services in acceptance of payments from payers.

52. The general agent monthly, in time no later than the tenth, provides information on the payments registered through payment agency network in territorial Head departments of the Central bank.

IX. Program and technical supply of payment agency network

53. The payment agency network uses the hardware and software system allowing to be connected to system of the supplier and to transfer these payments of payers.

54. Payment is performed by joint operation of the supplier, general agent or payment acceptance of payments agent / subagent from payers with use of network of telecommunication public according to statutory rules of the general agent on the basis of the agreement signed between the supplier and the general agent, the general agent and the payment agent, the payment agent and the subagent.

55. The supplier and the general agent shall ensure smooth and stable operation of passing of payments of the payment agent / subagent through hardware and software system.

56. In case of interruptions or deterioration in work in hardware and software system the supplier and the general agent shall report about it each other in time and in shape, established in the agreement. In case of such cases the general agent shall notify on the current malfunctions of the payment agent / subagent in time and in shape, established in the agreement.

57. The payment agent / subagent has no right to make changes or to use hardware and software system without the consent of the general agent.

58. For the purpose of safety of the accepted payments the payment agent / subagent not report to the third parties any means for access to hardware and software system issued by the general agent.

X. Safety of payment agency network

59. The general agent or the payment agent / subagent, and also the supplier shall develop and observe safety requirements and information security in hardware and software system, including from unauthorized access to all types of carriers, introduction of changes in them, their loss, destruction and blocking.

60. The general agent or the payment agent / subagent, and also the supplier can establish additional resources and methods of safety and information security in hardware and software system.

XI. Final provisions

61. After entry into force of this provision in a month the legal entities performing activities for rendering services of acceptance of payments from payers shall be registered as the general agent by the Central bank.

62. Bodies of the State Tax Service perform according to the procedure, established by the legislation, control of activities of the general agent, the payment agent / subagent and monitoring of delivery of cash revenue by them in cash desks of banks through services of collection.

When checking activities of the general agent, payment agent / subagent by bodies of the State Tax Service the reconciliation of actual amount of the cash revenue received from payers with the handed-over cash cash revenue in cash desks of banks is performed.

63. Dispute between the parties of the relations arising when implementing activities according to this Provision are permitted according to the procedure, established by the legislation.

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