RESOLUTION OF BOARD OF NATIONAL BANK OF THE REPUBLIC OF BELARUS

of November 19, 2012 No. 583

About modification and amendments in the Instruction about bank transfer

Based on Article part one 39, and in pursuance of paragraph two of article 4 of the Law of the Republic of Belarus of July 13, 2012 "About entering of amendments and changes into the Bank code of the Republic of Belarus" the Board of National Bank of the Republic of Belarus DECIDES: parts three of article 232 of the Bank code of the Republic of Belarus

1. Bring in the Instruction about bank transfer approved by the resolution of Board of National Bank of the Republic of Belarus of March 29, 2001 No. 66 (The national register of legal acts of the Republic of Belarus, 2001, No. 49, 8/5770; No. 91, 8/7204; 2002, No. 84, 8/8322; 2003, No. 87, 8/9813; 2004, No. 19, 8/10459; No. 78, 8/10989; 2005, No. 20, 8/12048; No. 163, 8/13237; 2007, No. 42, 8/15706; 2008, No. 28, 8/17909; No. 214, 8/19371; 2009, No. 162, 8/21172; No. 209, 8/21352; 2010, No. 225, 8/22776; 2012, No. 26, 8/24968; National legal Internet portal of the Republic of Belarus, 10.08. 2012, 8/26226), the following changes and amendments, having been reworded as follows it it (is applied).

2. For implementation of bank transfer in 2013 use of the memorial order and earlier established forms of payment request and the payment order according to appendices 1-3 to the Instruction about bank transfer is allowed.

3. This resolution becomes effective since January 22, 2013.

Approved by the Resolution of Board of National Bank of the Republic of Belarus of March 29, 2001 No. 66

(in edition of the resolution of Board of National Bank of the Republic of Belarus of November 19, 2012 No. 583)

The instruction about bank transfer

CHAPTER 1 GENERAL PROVISIONS

1. This Instruction determines procedure of clearing settlements in Belarusian rubles and foreign currency in the form of bank transfer based on the payment instructions issued by means of submission of the settlement and other documents provided by this Instruction.

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

the advice - the message of corresponding bank confirming transfer (credit advice) or write-off (debit advice) of money according to the bank account transferred by mail or in electronic form. The statement from the account is considered as the advice including information on transfer and (or) cash write-off on the account for certain period;

the acceptance of payment request - the prior consent of the payer to payment of payment request expressed in the statement on the acceptance containing specifying to bankuotpravitel to perform payment request in day of its receipt in bankotpravitel;

bank - bank, being the resident or the nonresident;

corresponding bank - bank with which correspondence relations are established. Banks with which only exchange of specimen signatures of authorized persons and (or) is made by the testing keys treat corresponding banks without account;

nonresident bank - the bank and the non-bank credit and financial organization created according to the legislation of foreign state with the location outside the Republic of Belarus;

resident bank - the bank and the non-bank credit and financial organization which are those according to the legislation and also National Bank of the Republic of Belarus (further - National Bank);

bank transfer - the sequence of transactions on execution of the payment instruction of the payer or beneficiary (claimant) according to which one bank (bank sender) sends to other bank (bank receiver) the interbank payment order about transfer of the provided cash amount for benefit of the specified beneficiary. The bank sender and bank receiver match in one person if calculations between the payer and the beneficiary are performed in one bank;

the beneficiary - the client for benefit of whom bank transfer is made. On bank transfer the bank receiver can be the beneficiary;

indisputable procedure for cash write-off - cash write-off from the account of the payer without its consent according to payment requests of the claimant based on executive documents in cases, stipulated by the legislation (further - payment requests without acceptance of the payer);

the claimant - the client initiating cash write-off from the account of the payer in indisputable procedure according to the legislation. On bank transfer the bank can be the claimant;

account bank transfer - the bank transfer made only with participation of resident banks;

value date - date with which the cash amount is not (in case of cash write-off from the account) or is (in case of transfer of money into the account) at the disposal of the account holder;

money (currency) - Belarusian rubles and (or) foreign currency;

identification of the client - method of recognition of the client for the purpose of confirmation of its rights to transfer of the electronic document or the electronic message by use of the procedures of safety established by bank;

executive documents - the executive texts of notaries, other executive documents which are those according to the legislation, decisions (order) of authorized state bodies (officials) or duplicates of the above-stated documents, decisions of banks authorized to make cash write-off in indisputable procedure, and also the copy of resolutions on imposing of administrative punishment;

the client - the legal entity, the individual entrepreneur (further, unless otherwise specified, - the legal entity), the private notary, the lawyer performing lawyer activities individually (further - the lawyer), other bank, physical person serviced by bank on the transactions connected with implementation of bank transfer;

clearing - the process of transfer, reconciliation performed before calculation and in certain cases confirmations of interbank payment orders, including transactions on mutual offsetting of the amounts of these orders and determination of final balance for implementation of calculations on the conditions established by interbank corresponding agreements (agreements);

clearing transfer - the interbank transfer made on the basis of clearing according to interbank corresponding agreements (agreements);

clearing currency - currency in which clearing transfer is made;

the clearing account - the account in which bank transactions on clearing transfers are reflected;

correspondence relations - the cooperation between banks performed according to the interbank corresponding agreement (agreement) signed with observance of requirements of national and (or) international legislations;

correspondent account - the account opened by one bank for another for carrying out interbank transfers according to the interbank corresponding agreement (agreement);

limit of balance of the clearing account - the remaining balance amount approved by banks on the clearing account within which implementation of transactions on carrying out clearing transfers during the settlement period is possible;

interbank transfer - the part of bank transfer including money transfer through the correspondent or clearing account based on the interbank payment order;

the interbank payment order - the payment instruction issued by bank to other bank for the purpose of execution of the payment instruction of the initiator of bank transfer, containing specifying about money transfer for benefit of the beneficiary. The type, form, content, method of transfer of the interbank payment order, language in which it is drawn up are determined in the interbank corresponding agreement (agreement) and (or) bank taking into account requirements of technical regulatory legal acts, this Instruction, other acts of the legislation;

international bank transfer - the bank transfer made with participation of nonresident bank;

the international clearing transfer - the interbank transfer made between resident bank and nonresident bank on the basis of clearing through the clearing account;

obligatory details - details which are specified in obligatory fields of the settlement document according to requirements of this Instruction and other acts of the legislation;

money transfer with conversion, purchase, sale - the bank transfer made in the currency other than account currency from which cash write-off, according to requirements of the regulatory legal acts of National Bank regulating procedure of currency exchange transactions and this Instruction is performed;

the payment instruction - the order of the initiator of bank transfer to bankuotpravitel about transfer for benefit of the beneficiary of certain amount of money by submission of settlement documents, use of payment instruments when implementing the corresponding transactions, representation and use of other documents and tools in the cases provided by National Bank. The bank can be the initiator of bank transfer;

the payer - the client at the expense of whose money bank transfer is made. On bank transfer the bank sender can be the payer;

check of authenticity of the electronic document (the electronic message) of action, directed to confirmation of integrity and authenticity of the electronic document (electronic message) by use of the procedures of safety established by bank taking into account requirements of the legislation;

the procedure of safety - complex of the organizational measures and programmnotekhnichesky means of information protection intended for carrying out by bank taking into account requirements of the legislation of check of authenticity of the electronic document (the electronic message) and identification of the client who provided them to bank by means of systems of remote bank servicing;

the settlement document - the payment instruction of the initiator of bank transfer in the form of the payment order, payment request, the payment order;

settlement period - the period approved by banks after which banks perform settlement of balance of the clearing account formed as of the last date of the specified period;

system of remote bank servicing - set of technologies of provision of banking services and banking operations with use of the program technical means and telecommunication systems providing interaction of banks and clients, including transfer of electronic documents and electronic messages;

the account of Loro - the correspondent account of corresponding bank opened in bankerezidenta;

the account "Nostro" - the correspondent account of resident bank opened in bankekorrespondenta;

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