PROVISION OF CENTRAL BANK OF THE RUSSIAN FEDERATION

of June 29, 2012 No. 384-P

About payment system of the Bank of Russia

Based on the Federal Law of June 27, 2011 No. 161-FZ "About national payment system" (The Russian Federation Code, 2011, No. 27, the Art. 3872) (further - the Federal Law N 161-FZ), the Federal Law of July 10, 2002 No. 86-FZ "About the Central bank the Russian Federation (Bank of Russia)" (The Russian Federation Code, 2002, No. 28, Art. 2790; 2003, No. 2, Art. 157; No. 52, Art. 5032; 2004, No. 27, Art. 2711; No. 31, Art. 3233; 2005, No. 25, Art. 2426; No. 30, Art. 3101; 2006, No. 19, Art. 2061; No. 25, Art. 2648; 2007, No. 1, Art. 9, Art. 10; No. 10, Art. 1151; No. 18, Art. 2117; 2008, No. 42, Art. 4696, Art. 4699; No. 44, Art. 4982; No. 52, Art. 6229, Art. 6231; 2009, No. 1, Art. 25; No. 29, Art. 3629; No. 48, Art. 5731; 2010, No. 45, Art. 5756; 2011, No. 7, Art. 907; No. 27, Art. 3873; No. 43, Art. 5973; No. 48, the Art. 6728) and according to the solution of the Board of directors of the Bank of Russia (the minutes of the Board of directors of the Bank of Russia of June 29, 2012 No. 12) the Bank of Russia establishes the separate provisions necessary for ensuring functioning of payment system of the Bank of Russia, including criteria of participation, suspension and termination of participation in payment system of the Bank of Russia, the applied forms of clearing settlements and procedure of money transfer within payment system of the Bank of Russia, procedure of payment clearing and calculation, time regulations of functioning of payment system of the Bank of Russia.

Chapter 1. General provisions

1.1. The terms provided by this Provision are applied in the value established by the Federal Law No. 161-FZ and the Provision of the Bank of Russia of June 19, 2012 No. 383-P "About rules of implementation of money transfer", the registered Ministry of Justice of the Russian Federation on June 22, 2012 No. 24667 ("the Bulletin of the Bank of Russia" of June 28, 2012 No. 34) (further - the Provision of the Bank of Russia No. 383-P).

1.2. Members of payment service provider of the Bank of Russia are the organizations which are determined as members of payment service provider by article 21 of the Federal Law No. 161-FZ and which servicing the Bank of Russia has the right to perform in accordance with the legislation of the Russian Federation, in case of observance by these organizations of the criteria of participation in payment system of the Bank of Russia established by Chapter 2 this provision.

1.3. The Bank of Russia transfers money within payment system of the Bank of Russia (further - money transfer) through divisions of the Bank of Russia, information on which is included in the Reference book of bank identification codes of participants of the calculations transferring money within payment system of the Bank of Russia, and divisions of the Bank of Russia not being participants of calculations (further - the Reference book of BIC of Russia) (further - divisions of the Bank of Russia).

1.4. The Bank of Russia, being operator of services of payment infrastructure in payment system of the Bank of Russia and the operator on money transfer, transfers money according to bank accounts of the members of payment service provider of the Bank of Russia who are clients of the Bank of Russia and other clients of the Bank of Russia who are not members of payment service provider of the Bank of Russia (further in case of joint mentioning - clients of the Bank of Russia), providing them operational services, services of payment clearing and settlement services according to the procedure, provided by this Provision.

Interaction between the Bank of Russia and clients of the Bank of Russia by provision of operational services, services of payment clearing and settlement services by it is performed with use of orders in electronic form and (or) on paper according to this Provision, bank account agreements signed between the Bank of Russia and the client of the Bank of Russia (further - the agreement of the account), and also agreements on exchange of the electronic messages signed between the Bank of Russia and the client of the Bank of Russia (in case of their availability) (further - the agreement on exchange).

In case of attraction of third parties by the Bank of Russia as operators of services of payment infrastructure in payment system of the Bank of Russia the order of interaction between the Bank of Russia and the attracted organization, between members of payment service provider and the attracted organization, and also between the Bank of Russia and members of payment service provider is determined by the corresponding bilateral agreements, at the same time the contract on exchange of the Bank of Russia with the foreign organizations is not signed.

The Bank of Russia exercises independent risk management in payment system of the Bank of Russia.

The Bank of Russia determines procedure for ensuring information security in payment system of the Bank of Russia for clients of the Bank of Russia (except for foreign credit institutions) according to the requirements to information security established by the agreement on exchange for foreign credit institutions - according to agreements of the account if requirements to information security are not determined by regulations of the Bank of Russia.

1.5. Paragraph one of ceased to be valid according to the Instruction of the Central bank of the Russian Federation of 25.10.2013 No. 3079-U

Access to operational services with use of orders is on paper provided to clients of the Bank of Russia in the place of their stay in the division of the Bank of Russia defined by the agreement of the account.

1.6. The Bank of Russia by provision of operational services interacts with clients of the Bank of Russia with whom the Bank of Russia signs agreements on exchange (further - the participant of exchange), with use of electronic messages according to appendix 1 to this Provision.

Paragraph two of ceased to be valid according to the Instruction of the Central bank of the Russian Federation of 25.10.2013 No. 3079-U

1.7. Money is transferred through system of bank electronic due payments (further - BESP) in real time (further - service of urgent transfer) and through systems of intraregional electronic calculations (further - VER) and interregional electronic calculations (further - the MEDT), and also using post and cable technology (further - service of not urgent transfer).

1.8. Part of payment system of the Bank of Russia in which money transfer between clients of the Bank of Russia, divisions of the Bank of Russia in the location of head departments of the Bank of Russia taking into account the departments which are their part, departments - national banks is provided constitutes regional to component of payment system of the Bank of Russia (further - regional component). In the Moscow region regional to component constitute also structural divisions of central office of the Bank of Russia. Money can be transferred by field organizations of the Bank of Russia as a part of regional component, determined by the decision of the Bank of Russia.

Chapter 2. Criteria of participation, suspension and termination of participation in payment system of the Bank of Russia

2.1. Direct participation is provided in payment system of the Bank of Russia.

2.2. Criterion of participation in payment system of the Bank of Russia is availability of the bank (correspondent) account (sub-account) of the participant in the Bank of Russia.

2.3. Participation in payment system of the Bank of Russia begins after opening of the bank (correspondent) account (sub-account) to the member of payment service provider of the Bank of Russia in the Bank of Russia.

2.4. Suspension of participation in payment system of the Bank of Russia is not applied.

2.5. Participation of the organization in payment system of the Bank of Russia stops after termination of the contract of the account or for credit institution (its branch) from the moment of response (cancellation) at credit institution of the license for banking operations.

Chapter 3. Procedure of money transfer within payment system of the Bank of Russia and the applied forms of clearing settlements

3.1. Money is transferred in currency of the Russian Federation according to the Provision of the Bank of Russia No. 383-P taking into account the features established by this Provision.

3.2. For implementation of money transfer the credit institution located in the territory of the Russian Federation shall have one correspondent account in the Bank of Russia.

For implementation of money transfer by the branch of credit institution located in the territory of the Russian Federation the credit institution has the right to have one correspondent sub-account open for this branch of credit institution in the Bank of Russia.

3.3. For implementation of money transfer according to the order of credit institution (its branch) on correspondent account (sub-account) in the Bank of Russia in case of its forthcoming closing the credit institution (other credit institution to which there was accession of credit institution (credit institutions) or newly created credit institution as a result of reorganization in the form of merge or separation) has the right to provide to territorial office of the Bank of Russia in the location of credit institution (its branch), correspondent account (sub-account) of which (who) is supposed to be closed the statement for preserving correspondent account (sub-account) credit institution (its branch) in the Bank of Russia with its functioning in the limited mode according to appendix 2 to this Provision.

3.4. For implementation of money transfer according to orders of the legal entity taking the location outside the territory of the Russian Federation if the Bank of Russia makes the decision on opening of the bank account to this legal entity, the bank account is opened for it by the division of the Bank of Russia determined by the decision of the Bank of Russia.

3.5. The client of the Bank of Russia after opening to it the bank (correspondent) account (sub-account) in the Bank of Russia has the right to transfer money with use of service of not urgent transfer.

3.6. Money is transferred at the expense of the money which is on the bank (correspondent) account (sub-account) of the client of the Bank of Russia in the Bank of Russia for credit institution (its branch) taking into account intra overnight credit if on the corresponding correspondent account (sub-account) of credit institution (its branch) the Bank of Russia sets limit of intra overnight credit and the credit overnight.

3.7. Money is transferred based on orders of the clients of the Bank of Russia arriving in the Bank of Russia in electronic form (on communication channels and on alienable machine data carriers) and on paper, and also based on orders of the divisions of the Bank of Russia constituted in electronic form or on paper.

When implementing money transfer by field organizations of the Bank of Russia, structural divisions of central office of the Bank of Russia, not being participants of electronic calculations according to the Reference book of BIC of Russia, do not apply orders, statements, requests, answers, notifications, notices in electronic form provided by this Provision.

The orders constituted in electronic form are stored in the Bank of Russia in electronic form. In need of their reproduction on paper, including at the request of the client of the Bank of Russia, on copy of the order the stamp and the signature of the employee of division of the Bank of Russia are on paper put down. The orders constituted on paper are stored in the Bank of Russia on paper.

3.8. Participants of exchange represent to the Bank of Russia of the order about money transfer in electronic form, except as specified restrictions and suspensions of participation in exchange of electronic messages, stipulated in Item the 12th appendices 1 to this Provision in case of which orders about money transfer are represented by participants of exchange to the divisions of the Bank of Russia defined by the agreement of the account, on paper. The clients of the Bank of Russia who are not participants of exchange represent to the divisions of the Bank of Russia defined by the agreement of the account, the order on money transfer on paper.

Acceptance of orders of clients of the Bank of Russia on paper and alienable machine data carriers is performed according to appendix 3 to this Provision.

3.9. Money is transferred within the following forms of clearing settlements: payments with payment orders, payments with collection orders and calculations in the form of money transfer upon the demand of the receiver of means (direct debiting).

When implementing money transfer payment orders (including payment orders on total amount with the register), collection orders, payment requests, payment orders according to the Provision of the Bank of Russia No. 383-P are applied.

When implementing money transfer within payments with payment orders with use of service of urgent transfer in cases, stipulated in Item 3.16 this provision, the order of bank which list and the description of details are given in appendix 10 to this Provision is applied. The form of the order of bank is on paper given in appendix 11 to this Provision.

3.10. Payments with collection orders, payment requests through payment system of the Bank of Russia are performed according to appendix 4 to this Provision.

3.11. Money transfer using payment orders, collection orders, payment requests in case of use of service of urgent transfer is performed taking into account the features provided by the Provision of the Bank of Russia of April 25, 2007 No. 303-P "About system of gross calculations in real time of the Bank of Russia", the registered Ministry of Justice of the Russian Federation on May 17, 2007 No. 9490, on July 8, 2010 No. 17765, on March 1, 2012 No. 23393, on June 18, 2012 No. 24595 ("the Bulletin of the Bank of Russia" of May 25, 2007 No. 31, of July 14, 2010 No. 40, of March 14, 2012 No. 14, of June 27, 2012 No. 33) (further - the Provision of the Bank of Russia No. 303-P) and the Instruction of the Bank of Russia of April 25, 2007 No. 1822-U "About procedure for carrying out payments and implementation of calculations in system of gross calculations in real time of the Bank of Russia", the registered Ministry of Justice of the Russian Federation on May 17, 2007 No. 9493, on October 21, 2010 No. 18786, on March 2, 2012 No. 23396, on June 13, 2012 No. 24565 ("the Bulletin of the Bank of Russia" of May 25, 2007 No. 31, of October 27, 2010 No. 58, of March 14, 2012 No. 14, of June 27, 2012 No. 33) (further - the Instruction of the Bank of Russia No. 1822-U).

Money with use of service of urgent transfer based on the order of bank is transferred according to the procedure, established by the Provision of the Bank of Russia No. 303-P and the Instruction of the Bank of Russia No. 1822-U for implementation of money transfer based on the payment order.

3.12. Money with use of service of urgent transfer is transferred based on the orders which arrived from the client of the Bank of Russia in electronic form on communication channels, constituted by division of the Bank of Russia in electronic form at which the detail "Payment type" (corresponding to it code at orders in electronic form) matters "urgently".

3.13. Money with use of service of not urgent transfer is transferred based on payment orders, collection orders, payment requests and payment orders.

3.14. Money transfer with use of service of not urgent transfer (including using post and cable technology) is performed based on the orders which arrived from the client of the Bank of Russia in electronic form or on paper at which the detail "Payment type" (corresponding to it code at orders in electronic form) is not filled.

Orders of clients of the Bank of Russia for money transfer with use of service of not urgent transfer are performed through the VER systems or system of the MEDT, at the same time based on the orders which arrived in divisions of the Bank of Russia on paper, divisions of the Bank of Russia constitute orders in electronic form.

Orders of clients of the Bank of Russia which cannot be performed through the VER systems or system of the MEDT are performed using cable technology. For lack of possibility of use of cable technology for execution of orders money is transferred using post technology.

The orders of clients of the Bank of Russia which arrived in divisions of the Bank of Russia on paper at which values of the details "Payer", "Receiver", "Purpose of payment" exceed the maximum quantity of symbols established by appendix 11 to the Provision of the Bank of Russia No. 383-P return to clients of the Bank of Russia without execution in time, stipulated in Item 4.15 this provision.

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