INSTRUCTION OF CENTRAL BANK OF THE RUSSIAN FEDERATION

of July 20, 2016 No. 4077-U

About procedure for submission by credit institutions to authorized body of data on cases of refusal of the conclusion of bank account agreement (contribution) and (or) agreement cancelation of the bank account (contribution) with the client at the initiative of credit institution, about refusal cases in accomplishment of the order of the client about transaction making

Based on Items 13 and 13.1 of article 7 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; Art. 2014, №19, 2311, Art. 2315, Art. 2335; No. 23, Art. 2934; No. 30, Art. 4214, Art. 4219; 2015, No. 1, Art. 14, Art. 37, Art. 58; No. 18, Art. 2614, No. 24, Art. 3367; No. 27, Art. 3945, Art. 3950, Art. 4001; 2016, No. 1, Art. 11, Art. 23, Art. 27, Art. 43, Art. 44; No. 27, Art. 4196, Art. 4221; No. 28, the Art. 4558) (further - the Federal Law No. 115-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. 40, Art. 5318, No. 45, Art. 6154; No. 52, Art. 7543; 2015, No. 1, Art. 4, Art. 37; No. 27, Art. 3958, Art. 4001; No. 29, Art. 4348, Art. 4357; No. 41, Art. 5639; No. 48, Art. 6699; 2016, No. 1, Art. 23, Art. 46, Art. 50; "The official Internet portal of legal information" (www.pravo.gov.ru), on July 4, 2016) the Bank of Russia establishes procedure for submission by credit institutions to authorized body of data on cases of refusal of the conclusion of bank account agreement (contribution) and (or) agreement cancelation of the bank account (contribution) with the client at the initiative of credit institution on the bases specified in Item 5.2 of article 7 of the Federal Law No. 115-FZ about refusal cases in accomplishment of the order of the client about making of transaction on the bases specified in Item 11 of article 7 of the Federal Law No. 115-FZ.

1. Ceased to be valid according to the Instruction of the Central bank of the Russian Federation of 15.07.2021 No. 5861-U

2. Ceased to be valid according to the Instruction of the Central bank of the Russian Federation of 15.07.2021 No. 5861-U

3. Paragraph one of ceased to be valid

Each OES is supplied with authentication code (further - KA) credit institution and ciphered by credit institution with use of key of the enciphering received and applied to exchange of information with authorized body.

4. The credit institution by means of the program archiver creates the archive file which is supplied with KA of credit institution of OES created during the working day.

The credit institution sends the archive file in the same working day when it was created, till 16 o'clock local time on communication channels or on the magnetic, optical or digital carrier with the cover letter to territorial office of the Bank of Russia in the territory of which the credit institution is located (further - territorial office), for subsequent delivery of OES included in the archive file through Department of information technologies of the Bank of Russia in authorized body.

5. From all archive files received from credit institutions during the working day and which underwent with positive result control procedures according to Item 6 of this Instruction, the territorial office on the same day till 18 o'clock local time by means of the program archiver creates and transfers the summary archive file of territorial office supplied with KA of territorial office to Department of information technologies of the Bank of Russia. At the same time archive files do not razarkhivirutsya by territorial office and their content by territorial office is not controlled.

6. In territorial office the procedure of check of authenticity and integrity of each archive file allowing to determine that such file was directed by the relevant credit institution is carried out and was not changed during transfer from credit institution to territorial office (further - the procedure of authentication), and also the procedure of verification of the name of the archive file to compliance to the structure established according to Item 12 of this Instruction (further - the procedure of verification of the name).

In case of positive results of the procedure of authentication and the procedure of verification of the name of the archive file the territorial office in day of receipt of the archive file creates in electronic form and no later than 18:00 local time same days sends to credit institution the notice in the form of the electronic message (further - IES) about adoption of the archive file.

The archive file, the procedure of authentication and (or) the procedure of verification of the name of which yielded negative result, is excluded from further processing. At the same time the territorial office in day of receipt of the archive file creates in electronic form and no later than 18:00 local time same days sends to credit institution of IES about rejection of the archive file with indication of the reason of its rejection.

The credit institution in case of obtaining from territorial office of IES about rejection of the archive file removes the cause of rejection and no later than the working day following behind day of receipt of IES about rejection of the archive file, repeatedly directs the archive file.

7. By results of control of each OES by authorized body the credit institution receives IES containing information on acceptance (rejection) by the OES authorized body.

8. The IES addressed to the same credit institution directed by authorized body arrive in credit institution from territorial office as a part of the archive file of the authorized body created by means of the program archiver and supplied with KA of authorized body (further - the archive file of authorized body).

The territorial office receives archive files of authorized body as a part of the summary archive files of authorized body created by means of the program archiver and supplied with KA of authorized body.

After receipt of summary archive files of authorized body the territorial office makes their razarkhivation by means of the program archiver. The archive files of authorized body received as a result of razarkhivation go to the credit institution located in the territory subordinated to this territorial office.

9. Ceased to be valid according to the Instruction of the Central bank of the Russian Federation of 15.07.2021 No. 5861-U

10. Ceased to be valid according to the Instruction of the Central bank of the Russian Federation of 15.07.2021 No. 5861-U

11. Ceased to be valid according to the Instruction of the Central bank of the Russian Federation of 15.07.2021 No. 5861-U

12. Ceased to be valid according to the Instruction of the Central bank of the Russian Federation of 15.07.2021 No. 5861-U

13. Ceased to be valid according to the Instruction of the Central bank of the Russian Federation of 15.07.2021 No. 5861-U

14. Ceased to be valid according to the Instruction of the Central bank of the Russian Federation of 15.07.2021 No. 5861-U

Appendix

to the Instruction of the Bank of Russia of July 20, 2016 No. 4077-U "About procedure for submission by credit institutions to authorized body of data on cases of refusal of the conclusion of bank account agreement (contribution) and (or) agreement cancelation of the bank account (contribution) with the client at the initiative of credit institution, about refusal cases in accomplishment of the order of the client about transaction making"

No. 5861-U voided according to the Instruction of the Central bank of the Russian Federation of 15.07.2021

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