RESOLUTION OF BOARD OF NATIONAL BANK OF THE REPUBLIC OF BELARUS

of June 26, 2009 No. 88

About approval of the Instruction about procedure for functioning of the automated system of interbank calculations of National Bank and carrying out interbank calculations in the BISS system

Based on the paragraph of the thirty second of Article 26, the Board of National Bank of the Republic of Belarus DECIDES: parts one of Article 32 and part one of article 39 of the Bank code of the Republic of Belarus

1. Approve the Instruction about procedure for functioning of the automated system of interbank calculations of National Bank and carrying out interbank calculations in the BISS system it (is applied).

2. Recognize invalid regulatory legal acts of National Bank of the Republic of Belarus according to the list according to appendix.

3. This resolution becomes effective since November 30, 2009.

Appendix

to the Resolution of Board of National Bank of the Republic of Belarus of June 26, 2009 No. 88

List of invalid regulatory legal acts of National Bank of the Republic of Belarus

1. The resolution of Board of National Bank of the Republic of Belarus of November 23, 2004 No. 176 "About approval of the Instruction about procedure for access and connection of nonresident banks to the BISS system of National Bank of the Republic of Belarus" (The national register of legal acts of the Republic of Belarus, 2004, No. 193, 8/11787).

2. The resolution of Board of National Bank of the Republic of Belarus of March 10, 2005 No. 37 "About approval of the Instruction for implementation of interbank calculations through the automated system of interbank calculations of National Bank of the Republic of Belarus" (The national register of legal acts of the Republic of Belarus, 2005, No. 53, 8/12306).

3. The resolution of Board of National Bank of the Republic of Belarus of May 25, 2005 No. 74 "About modification and amendments in the Instruction about procedure for access and connection of nonresident banks to the BISS system of National Bank of the Republic of Belarus" (The national register of legal acts of the Republic of Belarus, 2005, No. 91, 8/12680).

4. The resolution of Board of National Bank of the Republic of Belarus of October 19, 2005 No. 148 "About modification and amendments in the resolution of Board of National Bank of the Republic of Belarus of March 10, 2005 No. 37" (The national register of legal acts of the Republic of Belarus, 2005, No. 176, 8/13336).

5. The resolution of Board of National Bank of the Republic of Belarus of January 24, 2006 No. 8 "About modification and amendments in the resolution of Board of National Bank of the Republic of Belarus of March 10, 2005 No. 37" (The national register of legal acts of the Republic of Belarus, 2006, No. 35, 8/13902).

6. The resolution of Board of National Bank of the Republic of Belarus of January 24, 2007 No. 13 "About modification and amendments in the resolution of Board of National Bank of the Republic of Belarus of March 10, 2005 No. 37" (The national register of legal acts of the Republic of Belarus, 2007, No. 66, 8/15834).

7. The resolution of Board of National Bank of the Republic of Belarus of January 30, 2007 No. 30 "About modification and amendments in the resolution of Board of National Bank of the Republic of Belarus of November 23, 2004 No. 176" (The national register of legal acts of the Republic of Belarus, 2007, No. 67, 8/15864).

8. The resolution of Board of National Bank of the Republic of Belarus of March 24, 2008 No. 43 "About entering of amendments and changes into the Instruction for implementation of interbank calculations through the automated system of interbank calculations of National Bank of the Republic of Belarus" (The national register of legal acts of the Republic of Belarus, 2008, No. 96, 8/18617).

9. The resolution of Board of National Bank of the Republic of Belarus of October 29, 2008 No. 157 "About modification and amendments in the Instruction for implementation of interbank calculations through the automated system of interbank calculations of National Bank of the Republic of Belarus" (The national register of legal acts of the Republic of Belarus, 2008, No. 288, 8/19811).

10. The resolution of Board of National Bank of the Republic of Belarus of December 19, 2008 No. 199 "About expansion of scope of electronic document management in the automated system of interbank calculations of National Bank of the Republic of Belarus" (The national register of legal acts of the Republic of Belarus, 2009, No. 6, 8/20142).

Approved by the Resolution of Board of National Bank of the Republic of Belarus of June 26, 2009 No. 88

The instruction about procedure for functioning of the automated system of interbank calculations of National Bank and carrying out interbank calculations in the BISS system

Chapter 1. General provisions

1. This Instruction determines procedure for functioning of the automated system of interbank calculations of National Bank (further – the EXPERT of MBR) and carrying out interbank payments in Belarusian rubles in the BISS system.

2. This Instruction is obligatory for accomplishment by National Bank, the banks and non-bank credit and financial organizations registered according to the legislation of the Republic of Belarus, "Development Bank of the Republic of Belarus" open joint stock company (further – JSC Development Bank Republic of Belarus) (further, unless otherwise specified, – banks of the Republic of Belarus), the banks and the non-bank credit and financial organizations created according to the legislation of foreign states, with the location outside the Republic of Belarus, allowed to participation in the BISS system (further – nonresident banks), Belarusian Currency and Stock Exchange open joint stock company (further – the exchange), "Belarusian Interbank Settlement Center" open joint stock company (further – settlement center) and suppliers of telecommunication services.

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

the automated "Central Archive of Interbank Calculations" system (further – the EXPERT of TsA MBR) – complex of the program technical means intended for automation of processes of completing, storage, accounting and use of electronic payment documents, electronic messages and the accompanying information on interbank calculations, electronic documents and electronic messages on instant payments and exchange of interbank correspondence in the central archive of interbank calculations;

administrative control – check of compliance of purpose of payment of the electronic payment document to the list of the permitted transactions, stipulated in Item to the 22nd this Instruction, for its subsequent acceptance or return without execution;

acceptance – the consent of National Bank to execution of the electronic payment document in the BISS system;

The EXPERT of MBR – set of the regulations, rules, procedures and program technical means providing carrying out instant payments and implementation of interbank payments in Belarusian rubles;

bank sender – bank of the Republic of Belarus, nonresident bank (further – banks), the exchange (National Bank), from correspondent accounts (the account of National Bank for interbank calculations (further – the account for interbank calculations) which cash write-off by interbank calculations is performed;

bank receiver – the bank, the exchange (National Bank), on correspondent accounts (the account for interbank calculations) which is performed transfer of money by interbank calculations;

participating bank of intersystem interaction of BELKART payment service provider and Mir payment service provider (further – participating bank of intersystem interaction of BELKART – the World) – the bank of the Republic of Belarus which provided use of program and technical infrastructure of BELKART payment service provider for carrying out transactions with use of bank payment cards of Mir payment service provider and program and technical infrastructure of Mir payment service provider for carrying out transactions with use of bank payment cards of BELKART payment service provider according to rules of BELKART payment service provider;

participating banks of the biddings by government securities, securities of National Bank, separate types of other securities (further – securities) and the financial instruments of forward transactions determined according to the legislation – the banks allowed to the conclusion of transactions on purchase and sale of securities and financial instruments of forward transactions at the exchange (further – participating banks);

offset – the mechanism of calculations based on accumulating of electronic payment documents of banks senders for certain period with subsequent their calculation by means of algorithms of multilateral netting;

deposit margin – cash amount, brought on separate personal account of the exchange by participating banks and the professional participants of the security market serviced by them (further – professional participants) for ensuring execution of the obligations in the cases and procedure determined by the exchange;

documentation the EXPERT of MBR – set of the interconnected documents necessary and sufficient for functioning and development the EXPERT of MBR including determining technical requirements, project and organizational decisions by creation and functioning of the MBR EXPERTS software and hardware complexes;

clearing – process of transfer, reconciliation, calculation of monetary claims and obligations and forming of final net line items of participants of clearing for the subsequent calculation;

the indirect participant of the BISS system – the participant to whom the correspondent account in National Bank which has the right of sending to the BISS system (obtaining from the BISS system) electronic payment documents and electronic messages through working interest owner is not opened also is included in the reference book of bank identification codes of participants of the calculations making payments in the territory of the Republic of Belarus (further – the reference book of BIC). Indirect participants of the BISS system are branches of banks of the Republic of Belarus;

interbank calculations – payments in Belarusian rubles between National Bank, banks, branches of banks of the Republic of Belarus, the exchange (further – participants of the BISS system) on accomplishment of monetary claims and obligations on own payments and payments initiated by their clients. Participants of the BISS system are subdivided on direct, indirect and special;

interbank calculations in standby mode – the reserve management and (or) reserve input performed in case of emergency in software and hardware complexes of bank, exchange as a result of which bank, the exchange lose possibility of implementation of interbank calculations in the normal mode;

the interbank processing center – the center performing on contractual conditions processing on transactions with use of bank payment cards and clearing on monetary claims and obligations of banks of the Republic of Belarus which participate in settlement system with use of bank payment cards (further – participating banks of system);

intersystem interaction of BELKART – The world – use of program and technical infrastructure of BELKART payment service provider for carrying out transactions with use of bank payment cards of Mir payment service provider and program and technical infrastructure of Mir payment service provider for carrying out transactions with use of bank payment cards of BELKART payment service provider;

normative reference information – set of reference books and base of acceptances of the payers created based on the united in single information base systematized list of data which forming and control of observance are provided by this Instruction and documentation the EXPERT of MBR;

operational day of the BISS system – the period of system operation of BISS within one banking day during which acceptance and processing of electronic payment documents and electronic messages by interbank calculations are performed;

the special participant of the BISS system – the bank of the Republic of Belarus which is in liquidation stage for which the correspondent account in National Bank which has the right of independent sending to the BISS system (obtaining from the BISS system) electronic payment documents and electronic messages is opened and it is included in the reference book of BIC;

separate personal account of the exchange – the account of the exchange in Belarusian rubles opened in National Bank for implementation of calculations for the transactions made with financial instruments of forward transactions;

the payment document – the settlement or other document established by other bank law, which is the basis for reflection by bank, the exchange, National Bank of transactions of write-off (transfer) of money on customer accounts or accounts on accounting of own means;

the program complex "Reserve Input of Electronic Payment Documents" – the automated workplace equipped in settlement center specialized intended for independent forming and (or) transfer by banks of the Republic of Belarus, the exchange in the BISS system of electronic payment documents. General requirements to functioning of the program complex "Reserve Input of Electronic Payment Documents" are determined by documentation the EXPERT of MBR;

working interest owner of the BISS system – the participant having the right of independent sending to the BISS system (obtaining from the BISS system) electronic payment documents and electronic messages and BIC included in the reference book. Working interest owners of the BISS system are the National Bank, banks and the exchange which for participation in the BISS system and carrying out interbank calculations in National Bank open the account for interbank calculations and correspondent accounts of banks, the exchanges;

settlement and clearing system on securities – system of clearing according to the transactions of purchase and sale of securities and financial instruments of forward transactions made at the exchange;

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