INSTRUCTION OF CENTRAL BANK OF THE RUSSIAN FEDERATION

of August 10, 2012 No. 2862-U

About modification of the Provision of the Bank of Russia of December 24, 2004 No. 266-P "About issue of bank cards and about the transactions made with use of payment cards"

1. 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 August 10, 2012 No. 15) to bring in the Provision of the Bank of Russia of December 24, 2004 No. 266-P "About issue of bank cards and about the transactions made with use of payment cards", registered by the Ministry of Justice of the Russian Federation on March 25, 2005 No. 6431, on October 30, 2006 No. 8416, on October 8, 2008 No. 12430, on December 9, 2011 No. 22528 ("the Bulletin of the Bank of Russia" of March 30, 2005 No. 17, of November 9, 2006 No. 60, of October 17, 2008 No. 58, of December 19, 2011 No. 71), the following changes.

1.1. State the name in the following edition:

"About issue of payment cards and about the transactions made with their use".

1.2. State preamble in the following edition:

"This Provision 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 No. 161-FZ), parts two of the Civil code of the Russian Federation (The Russian Federation Code, 1996, No. 5, the Art. 410), 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), the Federal Law "About Banks and Banking Activity" (in edition of the Federal Law of February 3, 1996 No. 17-FZ) (Sheets of the Congress of People's Deputies of RSFSR and the Supreme Council of RSFSR, 1990, No. 27, Art. 357; Russian Federation Code, 1996, No. 6, Art. 492; 1998, No. 31, Art. 3829; 1999, No. 28, Art. 3459, Art. 3469; 2001, No. 26, Art. 2586; No. 33, Art. 3424; 2002, No. 12, Art. 1093; 2003, No. 27, Art. 2700; No. 50, Art. 4855; No. 52, Art. 5033, Art. 5037; 2004, No. 27, Art. 2711; No. 31, Art. 3233; 2005, No. 1, Art. 18, Art. 45; No. 30, Art. 3117; 2006, No. 6, Art. 636; No. 19, Art. 2061; No. 31, Art. 3439; No. 52, Art. 5497; 2007, No. 1, Art. 9; No. 22, Art. 2563; No. 31, Art. 4011; No. 41, Art. 4845; No. 45, Art. 5425; No. 50, Art. 6238; 2008, No. 10, Art. 895; No. 15, Art. 1447; 2009, No. 1, Art. 23; No. 9, Art. 1043; No. 18, Art. 2153; No. 23, Art. 2776; No. 30, Art. 3739; No. 48, Art. 5731; No. 52, Art. 6428; 2010, No. 8, Art. 775; No. 19, Art. 2291; No. 27, Art. 3432; No. 30, Art. 4012; No. 31, Art. 4193; No. 47, Art. 6028; 2011, No. 7, Art. 905; No. 27, Art. 3873, Art. 3880; No. 29, Art. 4291; No. 48, Art. 6730; No. 49, Art. 7069; No. 50, Art. 7351; 2012, No. 27, the Art. 3588), the Federal Law of December 10, 2003 No. 173-FZ "About currency control and currency exchange control" (The Russian Federation Code, 2003, No. 50, Art. 4859; 2004, No. 27, Art. 2711; 2005, No. 30, Art. 3101; 2006, No. 31, Art. 3430; 2007, No. 1, Art. 30; No. 22, Art. 2563; No. 29, Art. 3480; No. 45, Art. 5419; 2008, No. 30, Art. 3606; 2010, No. 47, Art. 6028; 2011, No. 7, Art. 905; No. 27, Art. 3873; No. 29, Art. 4291; No. 30, Art. 4584; No. 48, Art. 6728; No. 50, the Art. 7348, the Art. 7351) 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 December 17, 2004 No. 31) establish procedure for issue (further - issue) credit institutions (further - the credit organizations issuers) in the territory of the Russian Federation payment cards (further - bank cards) and features of implementation by credit institutions of transactions with payment cards which issuer the credit institution, foreign bank or the foreign organization can be.".

1.3. In Item 1.3:

word in paragraph three "rules of participants of calculations" shall be replaced with words "the credit organization issuer";

the fourth to state the paragraph in the following edition:

"the register on transactions with use of payment cards (further - the register of transactions) - the document or set of the documents containing information on money transfers and other transactions provided by this Provision with use of the payment cards for certain period of time constituted by the legal entity or his structural division performing collection, processing and mailing to credit institutions of information on transactions with payment cards, and provided electronically and (or) on paper;".

1.4. The paragraph one of Item 1.4 to declare invalid.

1.5. State Item 1.5 in the following edition:

"1.5. The credit institution has the right to perform issue of bank cards of the following types: settlement (debit) cards, credit cards and prepaid cards which holders are the physical persons including authorized by legal entities, individual entrepreneurs (further - holders).

The settlement (debit) card as electronic instrument of payment is used for making of transactions by her holder within account limit - cash amount of the client, being on its bank account, and (or) the loan granted by the credit organization issuer to the client in case of insufficiency or absence on the bank account of money (overdraft).

The credit card as electronic instrument of payment is used for making by her holder of transactions at the expense of the money provided by the credit organization issuer to the client within account limit in accordance with the terms of the credit agreement. The prepaid card as electronic instrument of payment is used for implementation of transfer of electronic money, return of remaining balance of electronic money within the amount of the money of the credit organization issuer which is previously provided by the holder according to requirements of the Federal Law No. 161-FZ.".

1.6. The paragraph one of Item 1.6 to state in the following edition:

"1.6. The credit institution (except for settlement non-bank credit institution, payment non-bank credit institution) performs issue of settlement (debit) cards, credit cards and prepaid cards for physical persons, legal entities and individual entrepreneurs. The settlement non-bank credit institution, payment non-bank credit institution perform issue of settlement (debit) cards for legal entities, individual entrepreneurs, prepaid cards - for physical persons, legal entities, individual entrepreneurs.".

1.7. In the second offer of the paragraph of the fifth Item 1.8 to replace the word of "payments" with the word of "transactions".

1.8. In the second offer of Item 1.10 of the word "including this Provision, other regulations of the Bank of Russia, and rules of participants of the calculations containing their rights, obligations and procedure for carrying out calculations between them" shall be replaced with words "this Provision, other regulations of the Bank of Russia, agreements, including rules of payment systems".

1.9. Declare Item 1.13 invalid.

1.10. The ninth Item 2.3 to state the paragraph in the following edition:

"Use of prepaid card by the client - physical person is performed according to requirements of the Federal Law N 161-FZ at the expense of remaining balance of electronic money in currency of the Russian Federation and (or) in foreign currency.".

1.11. In Item 2.4:

the second offer to state in the following edition: "Clients - physical persons with use of prepaid cards can make transfer of electronic money in the currency other than currency of remaining balance of electronic money.";

the third offer to exclude.

1.12. Add Item 2.5 with the paragraph of the following content:

"The client - the legal entity, the individual entrepreneur makes with use of prepaid cards transfer of electronic money, return of remaining balance of electronic money according to requirements of the Federal Law No. 161-FZ.".

1.13. Add Item 2.6 with the offer of the following content: "Clients - legal entities, individual entrepreneurs with use of prepaid cards can make transfer of electronic money in the currency other than currency of remaining balance of electronic money.".

1.14. In Item 2.9:

in paragraphs one and the second to replace the word of "payments" with the word of "transactions";

third to state the paragraph in the following edition:

"If the register of transactions or the online magazine arrives in the credit organization issuer (the credit organization acquirer) about one the day preceding day of write-off or transfer of money from correspondent account of the credit organization issuer (the credit organization acquirer), opened in the credit institution performing settlement between the credit organizations issuers (the credit organizations acquirers) for transactions with use of payment cards or to day of cash receipt of the electronic money deposited for increase in remaining balance with use of prepaid card, transactions with use of payment cards are incomplete from the date of receipt of the register of transactions or the online magazine about day of cash receipt.".

1.15. In Item 3.4 of the word "rules of participants of calculations or" to exclude.

1.16. In Item 3.7 of the word "or rules of participants of calculations" to exclude.

2. This Instruction is subject to official publication in "the Bulletin of the Bank of Russia" and becomes effective since July 1, 2013.

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