INSTRUCTION OF CENTRAL BANK OF THE RUSSIAN FEDERATION

of April 6, 2015 No. 3612-U

About modification of the Instruction of the Bank of Russia of December 3, 2012 No. 2919-U "About quality evaluation of management of the credit institution performing functions of the central partner"

1. Bring in the Instruction of the Bank of Russia of December 3, 2012 No. 2919-U "About quality evaluation of management of the credit institution performing functions of the central partner", registered by the Ministry of Justice of the Russian Federation on December 21, 2012 No. 26273, on September 18, 2014 No. 34094, on December 10, 2014 No. 35118 ("the Bulletin of the Bank of Russia" of December 28, 2012 No. 77, of October 1, 2014 No. 87, of December 22, 2014 No. 112), the following changes.

1.1. State preamble in the following edition:

"This Instruction based on Articles 62, 72 Federal Laws 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, Art. 6728; 2012, No. 50, Art. 6954; No. 53, Art. 7591, Art. 7607; 2013, No. 11, Art. 1076; No. 14, Art. 1649; No. 19, Art. 2329; No. 27, Art. 3438, Art. 3476, Art. 3477; No. 30, Art. 4084; No. 49, Art. 6336; No. 51, Art. 6695, Art. 6699; No. 52, Art. 6975; 2014, No. 19, Art. 2311, Art. 2317; No. 27, Art. 3634; No. 30, Art. 4219; No. 45, Art. 6154; No. 52, Art. 7543; 2015, No. 1, the Art. 4, the Art. 37) (further - the Federal Law "About the Central Bank Russian Federation (Bank of Russia)"), 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; 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. 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. 6728, Art. 6730; No. 49, Art. 7069; No. 50, Art. 7351; 2012, No. 27, Art. 3588; No. 31, Art. 4333; No. 50, Art. 6954; No. 53, Art. 7605, Art. 7607; 2013, No. 11, Art. 1076; No. 19, Art. 2317, Art. 2329; No. 26, Art. 3207; No. 27, Art. 3438, Art. 3477; No. 30, Art. 4084; No. 40, Art. 5036; No. 49, Art. 6336; No. 51, Art. 6683, Art. 6699; 2014, No. 6, Art. 563; No. 19, Art. 2311; No. 26, Art. 3379, Art. 3395; No. 30, Art. 4219; No. 40, Art. 5317, Art. 5320; No. 45, Art. 6144, Art. 6154; No. 49, Art. 6912; No. 52, Art. 7543; 2015, No. 1, the Art. 37) (further - the Federal Law "About Banks and Banking Activity"), the Federal Law of February 7, 2011 No. 7-FZ "About clearing and clearing activities" (The Russian Federation Code, 2011, No. 7, Art. 904; No. 48, Art. 6728; No. 49, Art. 7040, Art. 7061; 2012, No. 53, Art. 7607; 2013, No. 30, Art. 4084; 2014, No. 11, the Art. 1098) (further - the Federal Law "About Clearing and Clearing Activities") establishes evaluation procedure of quality of management of the credit institution performing functions of the central partner (further - the Central Committee), based on the petition of the Central Committee for recognition of quality of management satisfactory for the purpose of application by credit institutions - participants of clearing concerning their requirements to the Central Committee which quality of management acknowledged satisfactory, the approaches provided by the Instruction of the Bank of Russia of December 3, 2012 No. 139-I "About obligatory standard rates of banks" registered by the Ministry of Justice of the Russian Federation on December 13, 2012 No. 26104, on November 29, 2013 No. 30498, on June 18, 2014 No. 32735, on October 20, 2014 No. 34362, on December 11, 2014 No. 35134, on December 24, 2014 No. 35372, on December 29, 2014 No. 35453, on February 20, 2015 No. 36180 ("the Bulletin of the Bank of Russia" of December 21, 2012 No. 74, of November 30, 2013 No. 69, of July 9, 2014 No. 63, of October 23, 2014 No. 99, of December 22, 2014 No. 112, of December 31, 2014 No. 117 - 118, of March 4, 2015 No. 17).".

1.2. In Item 12 of the word of "once a year" shall be replaced with words "once in two years".

1.3. In appendix 1:

1.3.1. In Item 1.8 of the word "in the Law on clearing" shall be replaced with words "in the Federal Law "About Clearing and Clearing Activities".

1.3.2. State Item 2.1 in the following edition:

"2.1. The indicator of PVK is determined based on assessment of answers to the questions given in table 1.

Table 1

Indicator of condition of internal control and corporate management of the Central Committee

 

№ of payment order	Questions	Value (in points)
1	2	3
1.	Whether the system of bodies of internal control and their power is determined constituent and internal documents of the Central Committee?
2.	Whether there correspond the internal documents of the Central Committee regulating rules of the organization of internal control, to the legislation of the Russian Federation and regulations of the Bank of Russia?
3.	Whether on all to activities of the Central Committee the internal documents regulating implementation of internal control are accepted?
4.	Whether the Central Committees the internal documents regulating rules of the organization of internal control are followed?
5.	Whether there is in the Central Committee independent division performing functions of service of internal audit?
6.	Whether there is in the Central Committee division performing functions of service of internal control?
7.	Whether internal control according to the requirements and powers determined constituent and internal documents of the Central Committee is exercised in the Central Committee?
8.	Whether distribution of job responsibilities of serving (responsibles) for the purpose of exception of conflict of interest and conditions of its origin is provided in the Central Committee?
9.	Whether the organization of service of internal audit and service of internal control of the Central Committee allows to perform effectively the functions assigned to them?
10.	Whether independent check of service of internal audit by auditing organization or the board of directors (supervisory board) is provided by the charter of the Central Committee?
11.	Whether control of activities of service of internal audit of the Central Committee performs the board of directors (supervisory board) of the Central Committee?
12.	Whether are carried out on permanent basis within internal control of action for control of level of the accepted risks of the Central Committee?
13.	Whether are available for the Central Committee operations procedure in case of identification of internal audit of violations of procedures of decision making by service and the risks assessments provided by the approved documents?
14.	Whether the Central Committees operations procedure are observed in case of identification of internal audit of violations of procedures of decision making by service and risks assessments?
15.	Whether the procedure for informing internal audit by service of the board of directors (supervisory board) for the Central Committee on violations (shortcomings) revealed when checking accomplishment of the established procedures of risk management of the Central Committee, and control (including conducting repeated checks) behind taking measures to elimination of the violations revealed by service of internal audit is determined in the Central Committee?
16.	Whether there are in the Central Committee work plans (activities) of service of internal audit, service of internal control?
17.	Whether there correspond heads of internal control and services of internal audit of the Central Committee to the qualification requirements established by the regulation of the Bank of Russia and the requirements to goodwill established by the legislation of the Russian Federation?
18.	Whether there is in the Central Committee information policy with indication of frequency of disclosure of information, extent of disaggregation of information, the list of categories of persons to whom disclosure of information is oriented?
19.	Whether the board of directors (supervisory board) of the Central Committee considers the conclusions drawn by the external auditor (external auditors) during audit of the Central Committee concerning assessment of policy and practice of corporate management of the Central Committee, adequacy and efficiency of the principles and procedures of internal control and risk management system of the Central Committee?
20.	Whether there is in the Central Committee general strategy of development of the Central Committee and whether monitoring taking into account long-term financial interests of the Central Committee is carried out it, and capabilities it is effective to risk exposure to manage them?
21.	Whether there are in the Central Committee internal documents determining the organization of work of the board of directors (supervisory board) and its power?

 

Notes to filling of table 1.

To questions 5 and 6.

In case of assessment of the matters it is necessary to consider provisions of Item 2.4 of the Provision of the Bank of Russia of December 16, 2003 No. 242-P "About the organization of internal control in credit institutions and banking groups", No. registered by the Ministry of Justice of the Russian Federation on January 27, 2004 5489, on December 22, 2004 No. 6222, on March 20, 2009 No. 13547, on June 30, 2014 No. 32913 ("the Bulletin of the Bank of Russia" of February 4, 2004 No. 7, of December 31, 2004 No. 74, of April 1, 2009 No. 21, of July 9, 2014 No. 63).

In case of accomplishment of conditions, stipulated in Item 7 parts one of article 76 of the Federal law "About the Central Bank Russian Federation (Bank of Russia)", and availability in the Central Committee of the head of service of internal audit and the head of internal control the value equal 2, according to Item 2.2 of this Technique is appropriated to the answer to the matter.

To question 9.

In case of assessment of the matter it is necessary to consider:

whether independence and impartiality of this service provide accountability of service of internal audit of the Central Committee and the functions which are carried out by it;

whether have serving (responsibles) of service of internal audit and service of internal control of the Central Committee sufficient knowledge of activities of the Central Committee, methods of internal control and information collection, its analysis and assessment for accomplishment of service duties;

whether the Central Committees plans of checks of service of internal audit of the Central Committee affirm;

whether plans of checks of service of internal audit of the Central Committee and plans of activities of service of internal control of the Central Committee are implemented;

whether all activities of the Central Committee cover checks of service of internal audit of the Central Committee;

whether the service of internal audit and service of internal control of the Central Committee performs the activities on permanent basis;

whether the service of internal audit of the Central Committee controls completeness of application of methodology of risks assessment and the procedures of risk management established by internal documents of the Central Committee, assessment of its efficiency and compliance to nature and scale of the made Central Committees of transactions, to the level and combination of the accepted risks, assessment of reliability of accounting and the reporting of the Central Committee and reliability of functioning of internal control of the Central Committee behind use of the automated information systems;

whether information on the taken measures for accomplishment of recommendations of service of internal audit of the Central Committee and elimination of the revealed violations, mistakes and shortcomings is considered by the board of directors (supervisory board) and whether these recommendations to execution of the Central Committee by divisions are accepted; information on recommendations of service of internal control of the Central Committee on management of regulatory risk and their application;

whether creates the Central Committee of condition for free and effective implementation of internal audit of the functions by service;

whether information on the taken measures for accomplishment of recommendations and elimination of the revealed violations is provided by service of internal audit of the Central Committee to the board of directors (supervisory board) at least once in half a year;

whether the shortcomings and violations of activities of the Central Committee established during implementation of quality evaluation of management of the Central Committee by the Bank of Russia came to light service of internal audit of the Central Committee.

To question 15.

In case of assessment of the matter it is necessary to consider that in case of lack of the facts of identification by service of internal audit of violations of procedures of risk management the value equal 2, according to Item 2.2 of this Technique is appropriated to the answer to the matter.

To question 17.

In case of assessment of the matter it is necessary to consider that person in case of appointment it to position of the head of internal control, the head of service of internal audit of the Central Committee and during the entire period of implementation of functions on the corresponding position, including temporary (more than two months) execution of job responsibilities, shall conform to the qualification requirements established by the Instruction of the Bank of Russia of April 1, 2014 No. 3223-U "About requirements to heads of service of risk management, service of internal control, service of internal audit of credit institution", registered by the Ministry of Justice of the Russian Federation on April 23, 2014 No. 32086 ("the Bulletin of the Bank of Russia" of July 9, 2014 No. 63) (further - the Instruction of the Bank of Russia No. 3223-U), and to requirements to goodwill, stipulated in Item 1 part one of article 16 of the Federal law "About Banks and Banking Activity".".

1.3.3. In the paragraph the second Item 2.3 of figure "32" to replace with figures "39".

1.3.4. In Item 3.1:

in table 2 of subitem 3.1.1:

state line 13 in the following edition:

 

13.

Whether carries out by the Central Committee stress testing of sufficiency of own means (capital) of the Central Committee and clearing providing, and also the return stress testing at least once a month?

 

add with lines 18 and 19 of the following content:

 

18.	Whether there corresponds the head of service of risk management of the Central Committee to the qualification requirements established by the regulation of the Bank of Russia and the requirements to goodwill established by the legislation of the Russian Federation?
19.	Whether the Central Committee exercises control of functioning of risk management system of the Central Committee on permanent basis?

 

to state notes to filling of table 2 in the following edition:

"Notes to filling of table 2.

To question 2.

In case of assessment of the matter it is necessary to consider whether the principles of risk management of the Central Committee are established by internal documents of the Central Committee, the procedure for identification, assessment and determination of acceptable level of risks of the Central Committee, monitoring and control of its observance, and also the list died and operations procedure in case of identification of the facts of discrepancy of quality of management of the Central Committee to assessment is "satisfactory" on which the Bank of Russia makes the decision on recognition of quality of management of the Central Committee satisfactory, and maintenance of risks of the Central Committee at the acceptable level.

To question 18.

In case of assessment of the matter it is necessary to consider that person in case of appointment it to position of the head of service of risk management of the Central Committee and during the entire period of implementation of functions on this position, including temporary (more than two months) execution of job responsibilities, shall conform to the qualification requirements established by the Instruction of the Bank of Russia No. 3223-U and requirements to goodwill, stipulated in Item 1 part one of article 16 of the Federal law "About Banks and Banking Activity".";

in the subitem 3.1.4 of figure "34" to replace with figures "38".

1.3.5. In lines 1 and 2 of table 6 of subitem 3.5.7 of Item 3.5 of the word "the rating of long-term creditworthness in foreign currency appropriated" shall be replaced with words "the long-term rating of the issuer, and (or) the rating of issue of securities, and (or) the rating of the legal entity who is the guarantor on the corresponding issue of securities (for securities), and (or) the rating of the partner (for money in rubles and precious metals), and (or) the sovereign rating of the country (for foreign currency cash), appropriated".

1.3.6. In Item 3.6:

in paragraph one of subitem 3.6.6 of the word of "table 8" shall be replaced with words "table 7";

in subitem 3.6.7 of the word "in table 8" shall be replaced with words "in table 7".

2. This Instruction becomes effective after 10 days after day of its official publication in "the Bulletin of the Bank of Russia".

3. The credit institution performing functions of the central partner on which the Bank of Russia makes the decision on recognition of quality of management of the central partner by satisfactory shall provide compliance of quality of management of the central partner to requirements of this Instruction within 180 days after day of its entry into force.

 

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