INSTRUCTION OF CENTRAL BANK OF THE RUSSIAN FEDERATION

of May 24, 2015 No. 3648-U

About requirements to use of electronic documents and procedure for exchange of information electronically when implementing obligatory civil liability insurance of owners of vehicles

This Instruction based on Item 11 of article 15 of the Federal Law of April 25, 2002 No. 40-FZ "About obligatory civil liability insurance of owners of vehicles" (The Russian Federation Code, 2002, No. 18, Art. 1720; 2003, No. 26, Art. 2566; 2005, No. 1, Art. 25; No. 30, Art. 3114; 2006, No. 48, Art. 4942; 2007, No. 1, Art. 29; No. 49, Art. 6067; 2008, No. 30, Art. 3616; No. 52, Art. 6236; 2009, No. 1, Art. 17; No. 9, Art. 1045; No. 52, Art. 6420, Art. 6438; 2010, No. 6, Art. 565; No. 17, Art. 1988; 2011, No. 1, Art. 4; No. 7, Art. 901; No. 27, Art. 3881; No. 29, Art. 4291; No. 49, Art. 7040; 2012, No. 25, Art. 3268; No. 31, Art. 4319, Art. 4320; 2013, No. 19, Art. 2331; No. 30, Art. 4084; 2014, No. 30, the Art. 4224, No. 45, the Art. 6154) (further - the Federal Law of April 25, 2002 No. 40-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, 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, of the Art. 4, the Art. 37) establishes requirements to use of electronic documents and procedure for exchange of information electronically between the insurer and the insurer in case of the conclusion of the agreement of compulsory insurance in the form of the electronic document, and also between the injured (beneficiary) and the insurer in case of exchange of necessary documents on insurance payment, in particular recognition of information electronically, the signed simple digital signature, the electronic document, equivalent to the paper document signed by the sign manual.

The provisions of this Instruction concerning insurers extend to persons having intention to sign the agreement of compulsory insurance in the form of the electronic document (further - the agreement) if other does not follow from the law, other legal acts or being of legal relationship.

1. For the purpose of the conclusion of the agreement the physical person (insurer) signing the electronic document for its subsequent determination by the insurer according to its simple digital signature, provides to the insurer with use of the official site of the insurer on the Internet (further - the website of the insurer) the following data:

surname, name and middle name (in the presence);

document type, proving the identity, series and number of this document;

the subscriber number allocated with the operator of mobile radiotelephone communication (further - subscriber number), and (or) the e-mail address.

2. The insurer checks the data specified in Item of 1 this Instruction (except subscriber number and the e-mail address), regarding their compliance to the data containing in the automated information system of compulsory insurance created according to article 30 of the Federal Law of April 25, 2002 No. 40-FZ (further - AIS CMTPL). The check provided by this Item is performed according to the rules of professional activity of professional association of insurers developed in accordance with the legislation of the Russian Federation and approved with the Bank of Russia (further - rules).

In case of compliance of data the insurer directs on specified by the insurer - physical person subscriber number and (or) the e-mail address the text message containing the sequence of symbols which is key of the simple digital signature and specifying on need to person using the simple digital signature to observe its confidentiality.

In case of discrepancy of data the text message does not go, and the insurer - to physical person on the website of the insurer is in real time offered to undergo repeatedly the procedure of registration for the purpose of creation on the website of the insurer of the page of the insurer during primary determination of the insurer according to Items 2 - 4 and 17 these Instructions (further - personal account of insurer CMTPL) with indication of the reasons of impossibility of registration.

3. Data, stipulated in Item 1 this Instruction, can be provided by the physical person wishing to sign the agreement in case of its personal acceptance by the relevant insurer. The insurer who determined the identity of the insurer - physical person in case of its personal acceptance, creates and provides to the insurer on paper the simple digital signature for providing the conclusion of agreements without implementation of actions according to Item 2 presents of the Instruction.

4. The insurer can provide access to the website of the insurer for the actions provided by this Instruction with use of the simple key of the digital signature issued for implementation of access within single system of the identification and authentication created according to the order of the Government of the Russian Federation of November 28, 2011 No. 977 "About the federal state information system "Single System of Identification and Authentication in the Infrastructure Providing Information and Technological Interaction of the Information Systems Used for Provision of the State and Municipal Services Electronically" (The Russian Federation Code, 2011, No. 49, Art. 7284; 2012, No. 39, Art. 5269; 2013, No. 5, Art. 377; 2013, No. 45, Art. 5807; 2013, No. 50, the Art. 6601) (further - ESIA). When implementing access with use of ESIA, and also by means of personal account of insurer CMTPL to the website of the insurer for the conclusion of the agreement implementation of the actions provided by Items 1 - 3 presents of the Instruction, are not required.

Access to the website of the insurer with use of ESIA is provided with the consent of the insurer - physical person on transfer of personal data to the information systems of the insurer using ESIA expressed by means of making to them the actions allowing to establish authentically its declaration of will.

5. The insurer has the right to request from the insurer - physical person additional data (except provided by this Instruction) for the purpose of, 1 this Instruction determined by Item (except access cases by means of ESIA). In case of non-presentation of the data specified in this Item the insurer determines the insurer - physical person by the information provided according to Item of 1 this Instruction.

6. After implementation of access to the website of the insurer according to this Instruction the insurer - physical person is given opportunity of filling of the statement for the conclusion of the agreement (further - the statement). In case of primary access to the website of the insurer the personal account of insurer CMTPL is also automatically created. The application form which is filled in on the website of the insurer shall contain data in the amount provided for the statement constituted on paper.

After filling of the statement the insurer - physical person, the provided access to the website of the insurer with use of the simple digital signature according to this Instruction, confirms reliability of the data specified in the statement by means of making of the actions allowing to establish authentically its declaration of will and sends it to the insurer.

The application issued after implementation of access to the website of the insurer according to this Instruction, signed the simple digital signature (including used during the work with ESIA), is recognized the electronic document, equivalent to the paper document signed by the sign manual of the insurer - physical person.

7. After the direction the insurer of the statement according to this Instruction the insurer registers it in the information system and sends the inquiry necessary for verification of all data containing in it to AIS CMTPL.

By results of the automated processing of the inquiry sent this Item, AIS CMTPL (after exchange of information between AIS CMTPL and the single automated information system of technical inspection) the corresponding confirmation to the insurer or refusal in confirmation goes.

8. After conducting check and obtaining from confirmation AIS CMTPL according to Item 7 of this Instruction the insurer performs the following actions:

directs to the insurer calculation of the insurance premium which is subject to payment and tells him terms of the contract, provides on the website of the insurer possibility of data exchange in electronic form which are necessary for implementation of cashless payment (information on cash payment by money in addition can be provided), reports payment due date of insurance premium (depending on the chosen payment method), suggests the insurer to report data on the e-mail address to which the insurance policy in the form of the electronic document will be directed (further - the insurance policy) in case of consent with terms of the contract by payment of insurance premium. The specified actions are performed by display of data on the website of the insurer in real time;

after payment of insurance premium according to rules of obligatory civil liability insurance of owners of the vehicles established by the Provision of the Bank of Russia of September 19, 2014 No. 431-P "About rules of obligatory civil liability insurance of owners of vehicles", the registered Ministry of Justice of the Russian Federation on October 1, 2014 No. 34204 ("the Bulletin of the Bank of Russia" of October 8, 2014 No. 93) (further - Rules CMTPL), sends data on payment of insurance premium under the agreement to AIS CMTPL in which the contract with assignment of unique number and its message to the insurer is registered;

after receipt of the unique number assigned to AIS CMTPL to the agreement in terms, stipulated in Item 1.11 Rules CMTPL, creates the insurance policy, directs it to the e-mail address specified by the insurer, and also places in personal account of insurer CMTPL.

The insurer has the right to direct in addition on the subscriber number got by the insurer, the text message with indication of unique number of the agreement signed by this insurer, the term of insurance, the period of use of the vehicle and the name of the insurer with which the agreement is signed.

9. When obtaining by the insurer according to Item 7 of this Instruction of refusal in confirmation it informs the insurer on impossibility of the conclusion of the agreement (impossibility of modification of the insurance policy) by the direction on the notification e-mail address specified to them in the form of the electronic document with indication of the reasons.

10. In case of introduction of amendments to the agreement the statement for change of the data specified earlier in the statement for the conclusion of the agreement (further - the statement for change), is signed and goes the insurer - physical person to the insurer by means of access to personal account of insurer CMTPL according to this Instruction.

11. The insurer in case of receipt of the statement for change performs the data containing in it according to the procedure, stipulated in Item 7 these Instructions then creates and are sent to the insurer by the renewed (new) insurance policy according to the procedure, determined by Item 8 of this Instruction.

In case of receipt of refusal by the insurer in confirmation, stipulated in Item 7 these Instructions, the insurer is informed on impossibility of continuation of the procedure of modification according to the procedure, stipulated in Item 9 these Instructions.

12. If data which change is declared by the insurer were not specified earlier and do not require specifying in the Insurance policy, to the insurer the notification in the form of the electronic document containing information that these data are considered by the insurer goes to the e-mail address specified to them.

13. The insurer when implementing the actions determined by item 4 of this Instruction suggests the insurer - to physical person to report subscriber number and (or) the e-mail address for the purposes of information exchange according to this Instruction.

14. The insurer for the purpose of possibility of confirmation of the fact of the conclusion of the agreement, along with the direction of the text message provided by the paragraph the second Item 2 presents of the Instruction transfers data on subscriber number of the insurer (the address of its e-mail) to AIS CMTPL.

15. The insurer for information exchange according to this Instruction connects the information systems to AIS CMTPL for the purpose of the organization of the conclusion of agreements taking into account the provisions established by rules.

16. In case of obtaining from the insurer - physical person of the data specified in Item 13 of this Instruction they go the insurer to AIS CMTPL with sending an inquiry according to Item 7 of this Instruction.

17. The insurer - the legal entity signs the application form which is filled in by him or the statement for change by the strengthened qualified digital signature and sends it to the insurer by means of placement in personal account of insurer CMTPL.

The insurer according to this Instruction and rules creates and provides access to personal account of insurer CMTPL - the legal entity specified in this Item and also suggests to report subscriber number and (or) the e-mail address for the purposes of information exchange according to this Instruction.

18. The insurer provides to the injured (beneficiary) possibility of exchange of documents, stipulated in Item 1 article 12 of the Federal Law of April 25, 2002 with No. 40-FZ, including on the website of the insurer after determination of the addressing person one of the methods provided by Items 1 - 5 these Instructions (without interaction with AIS CMTPL), with simultaneous obtaining from the specified person of the e-mail address for further interaction.

In case of the direction to the insurer of documents on insurance payment after access to the website of the insurer according to this Instruction the statement for insurance payment signed by the simple digital signature (including used during the work with ESIA), is recognized the electronic document, equivalent to the paper document signed by the sign manual of the injured (beneficiary) - physical person.

The insurer maintains permanent operability of program and technical means which provide the direction to the injured (beneficiary) on the notification e-mail address specified to them according to this Instruction in the form of the electronic document containing the information about structure of the documents received by the insurer, date and time of their obtaining.

19. Exchange of information electronically between the insurer, the injured (beneficiary) and the insurer when implementing compulsory insurance, including the conclusion of the agreement, is performed by means of information systems of the insurer which shall provide at the same time:

creation and the direction by the insurer to the insurer of the statement with the subsequent conclusion of the contract with use of the website of the insurer on condition of interaction with AIS CMTPL;

forming and the direction to the insurer of the insurance policy containing the data provided by appendix 3 to the Provision of the Bank of Russia of September 19, 2014 No. 431-P "About rules of obligatory civil liability insurance of owners of vehicles" and in case of printout corresponding to the form established in this appendix;

storage of copy of the insurance policy on the website of the insurer or in information system of the insurer, access to which is provided via the website of the insurer;

continuous access of the insurer to personal account of insurer CMTPL with use of the software intended for viewing of information on the Internet (without installation on technical means of the user of the special software requiring the conclusion the user of license or other agreement with the owner of the software providing collection from the user of payment).

20. AIS CMTPL in case of assignment of unique number transfers to the agreement on subscriber number and (or) to the e-mail address, reported by the insurer according to Items 14 and 16 of this Instruction, the text message with indication of unique number of the agreement signed by this insurer, the term of insurance, the period of use of the vehicle according to the agreement and names of the insurer with which the agreement is signed. Information transferred according to this Item shall correspond to information containing in the insurance policy which is taken out by the insurer according to this Instruction.

21. The insurer provides functioning of the information systems and means of communication for information exchange according to this Instruction.

22. Interaction of AIS CMTPL with information systems of the insurer, necessary for the conclusion of the agreement, stops (stops):

in case of exceeding of the maximum quantity of agreements determined according to rules;

in case of adoption by the Bank of Russia of the decision on withdrawal (restriction, suspension) of the corresponding license of the insurer;

in other cases provided by rules.

The suspension (termination) of interaction of information systems provided by paragraphs the second and fourth this Item is performed by AIS CMTPL no later than date and time of emergence of the corresponding bases.

Suspension (termination) of interaction of information systems provided by the paragraph third this Item is performed from the date of entry into force of the relevant decision of the Bank of Russia.

The insurer in the cases provided by this Item posts on the website of the insurer of the data on impossibility of the conclusion of agreements with indication of the reason and stops (stops) work of pages of the website of the insurer with which use the conclusion of the specified agreements is performed.

23. By provision of access to the website of the insurer and to personal account of insurer CMTPL and in case of further implementation of information exchange according to this Instruction the insurer shall undertake necessary and sufficient measures for protection of the transmitted data taking into account the Federal Law of July 27, 2006 No. 152-FZ "About personal data" (The Russian Federation Code, 2006, No. 31, Art. 3451; 2009, No. 48, Art. 5716; No. 52, Art. 6439; 2010, No. 27, Art. 3407; No. 31, Art. 4173, Art. 4196; No. 49, Art. 6409; 2011, No. 23, Art. 3263; No. 31, Art. 4701; 2013, No. 14, Art. 1651; No. 30, Art. 4038; No. 51, Art. 6683; 2014, No. 23, Art. 2927; No. 30, the Art. 4217) in the following directions:

ensuring information security under management of access and registration;

ensuring information security with means of anti-virus protection;

ensuring information security by its transfer with use of the Internet;

ensuring fulfillment of requirements to operation of means of cryptographic information security;

regulation and documentation of activities for ensuring information security;

detection of incidents of violation of information security and response to them;

monitoring and analysis of ensuring information security;

timely enhancement of ensuring information security.

Within the measures specified in this Item - to physical person in case of the first access to personal account of insurer CMTPL opportunity to change the key of the simple digital signature provided to it according to Items 2 and 3 of this Instruction is offered the insurer.

24. The insurer in case of the conclusion of the agreement shall observe requirements of the Federal Law of August 7, 2001 No. 115-FZ "About counteraction of legalization (washing) of income gained in the criminal way and to terrorism financing" (The Russian Federation Code, 2001, No. 33, Art. 3418; 2002, No. 30, Art. 3029; No. 44, Art. 4296; 2004, No. 31, Art. 3224; 2005, No. 47, Art. 4828; 2006, No. 31, Art. 3446, Art. 3452; 2007, No. 16, Art. 1831; No. 31, Art. 3993, Art. 4011; No. 49, Art. 6036; 2009, No. 23, Art. 2776; No. 29, Art. 3600; 2010, No. 28, Art. 3553; No. 30, Art. 4007; No. 31, Art. 4166; 2011, No. 27, Art. 3873; No. 46, Art. 6406; 2012, No. 30, Art. 4172; No. 50, Art. 6954; 2013, No. 19, Art. 2329; No. 26, Art. 3207; No. 44, Art. 5641; No. 52, Art. 6968; 2014, No. 19, Art. 2311, Art. 2315, Art. 2335; No. 23, Art. 2934; No. 30, Art. 4214, Art. 4219; 2015, No. 1, the Art. 14, the Art. 37, the Art. 58) and Provisions of the Bank of Russia of December 12, 2014 No. 444-P "About identification by the not credit financial credit institutions of clients, representatives of the client, beneficiaries, beneficial owners for the purpose of counteraction of legalization (washing) of income gained in the criminal way and to terrorism financing", No. 35594 registered by the Ministry of Justice of the Russian Federation on January 20, 2015 ("the Bulletin of the Bank of Russia" of February 18, 2015 No. 14).

25. When implementing the informing according to the procedure determined by Item 20 of this Instruction concerning the changed agreement in the corresponding text message data on the renewed (new) agreement and details (number and date) of the agreement to which changes are made are in addition specified (in case of renewal).

26. The electronic documents directed by the insurer according to this Instruction are signed by the strengthened qualified digital signatures and created by software so that in case of printout they contained data on the digital signature certificate which signs the document, allowing to carry out its inspection by person who received the specified document.

27. This Instruction 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 May 19, 2015 No. 16) become effective after 10 days after day of its official publication in "the Bulletin of the Bank of Russia", except for separate provisions for which this Item establishes other terms of entry into force.

Items 14, of 16, 20 and 25 these Instructions become effective since January 1, 2016.

The Item 17 of this Instruction becomes effective since July 1, 2016.

 

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