RESOLUTION OF ADMINISTRATIVE BOARD OF NATIONAL BANK OF THE REPUBLIC OF MOLDOVA

of November 13, 2003 No. 279

About approval of the Instruction about opening of accounts abroad

In pursuance of Art. provisions 4, 11, 26 and 51 Laws on National Bank of Moldova (N 548-XIII of 21.07.1995), Regulations on currency control in the territory of the Republic of Moldova (the Administrative board of National Bank of Moldova approved by the decision of 13.01.1994, the protocol N 2), with subsequent changes and amendments, and other regulations, Administrative board of National Bank of Moldova

DECIDES:

I. Approve the Instruction about opening of accounts abroad it (is applied).

II. Cancel:

- The instruction N 10018-26 on opening, maintaining and closing of accounts of legal resident persons in banks abroad, approved by the decision of Administrative board of National Bank of Moldova of 30.08.1995, protocol N 24 (Monitorul Oficial al Republicii Moldova, 1995, N 61, the Art. 17);

- the decision of Administrative board of National Bank of Moldova N 308 of 18.11.1999. "About opening of accounts in banks abroad addressed to diplomatic missions and consular establishments of the Republic of Moldova" (Monitorul Oficial al Republicii Moldova, 1999, N 130-132, Art. 272);

- the subitem 2 of Item I of the decision of Administrative board of National Bank of Moldova N 338 of 09.11.2000. "About change of some regulations of National Bank of Moldova" (Monitorul Oficial al Republicii Moldova, 2000, N 144-145, Art. 385).

III. The residents having the permissions to opening of accounts abroad issued by National Bank of Moldova before entry into force of this resolution since month under report of December, 2003 shall submit in National Bank of Moldova the Report on the account opened abroad according to provisions of the Instruction specified in Item I of this resolution.

IV. The operating permissions issued by National Bank of Moldova before entry into force of this resolution to residents into accounts abroad for which discovery according to the Instruction specified in Item I of this resolution there is no need to get permission void from the date of entry into force of this resolution.

V. Residents which submitted to National Bank of Moldova applications for receipt of permissions to opening of accounts abroad and did not get permission of National Bank of Moldova for the date of entry into force of this resolution, shall fulfill requirements of the Instruction specified in Item I of this resolution.

VI. To department of currency transactions and external relations to inform the Main state tax authorities on the issued permissions to opening of the account abroad which from the date of entry into force of this resolution continue to be effective.

VII. To impose control of execution of this resolution on Department of currency transactions and external relations.

VIII. This resolution becomes effective in 5-day time from the date of publication in "Monitorul Oficial al Republicii Moldova".

Approved by the Resolution of Administrative board of National Bank of Moldova of November 13, 2003 No. 279

The instruction about opening of accounts abroad

I. General provisions

1.1. The instruction about opening of accounts abroad (daleeinstruktion) is developed based on the Law on National Bank of Moldova (N 548-XIII of 21.07.1995), the Law on financial institutions (N 550-XIII of 21.07.1995), Regulations on currency control in the territory of the Republic of Moldova (the Administrative board of National Bank of Moldova approved by the decision of 13.01.1994, the protocol N 2), with subsequent changes and amendments, and also other regulations of the Republic of Moldova.

1.2. For the purpose of this instruction the following concepts are used:

Permission to opening of the account abroad (permission of National Bank of Moldova) - the official document issued by National Bank of Moldova which certifies the right of its owner to opening of the account abroad and implementation of certain transactions on this account.

Bank of the Republic of Moldova - the bank having the license for implementation of financial activities granted by National Bank of Moldova according to the Law on financial institutions No. 550-XIII of July 21, 1995 with subsequent changes and amendments.

Foreign bank

- the bank created according to the current legislation of the relevant state including branch/bank department of the Republic of Moldova, with the location outside the Republic of Moldova;

- organization with the location outside the Republic of Moldova which according to the legislation of the country in which it is has the right to attract deposits and to perform other financial activities.

Note: For the purpose of this instruction the concept "deposits" matters the same concept from the Law on financial institutions (N 550-XIII of 21.07.1995).

The accounts opened abroad (accounts abroad) - accounts of any type (current accounts, correspondent accounts, deposit accounts, etc.) in Moldovan lei and/or in foreign currency, opened by the account holder (its authorized person) in foreign banks for the purpose of transfer, storage and/or uses of money.

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