It is registered
Ministry of Justice
Republic of Moldova
On September 2, 2015 No. 1064
of August 20, 2015 No. 216
About approval of Regulations about accounts of residents abroad
Based on Item l) parts (1) Articles 5, parts (1) Articles 11, Item c) Articles 26, Item and) Article 51 and article 52 of the Law on National Bank of Moldova No. 548-XIII of July 21, 1995 (Monitorul Oficial al Republicii Moldova, 1995, Art. No. 56-57, 624), with subsequent changes and amendments, Articles 13, 55 and 67 Laws on currency control No. 62-XVI of March 21, 2008 (Monitorul Oficial al Republicii Moldova, 2008, Art. No. 127-130, 496), with subsequent changes and amendments, DECIDES: Administrative board of National Bank of Moldova
1. Approve Regulations about accounts of residents abroad according to appendix to this resolution.
2. 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 (November, 2015) shall submit to National Bank of Moldova the Report on the account opened abroad according to provisions of the regulations specified in Item 1 of this resolution.
Deputy Chairman of Administrative board of National Bank of Moldova
Approved by the Resolution of Administrative board of National Bank of the Republic of Moldova of August 20, 2015, No. 216
1. In these regulations the concepts determined by the Law on currency control No. 62-XVI of March 21, 2008 are used (repeated publication: Monitorul Oficial al Republicii Moldova, 2016, Art. No. 423-429, 859), with subsequent changes and amendments, referred to as further - the Law No. 62-XVI of 21.03.2008. Also for the purpose of these regulations the following concepts are used:
a) permission to opening of the account abroad (permission of NBM) - the official document issued by National Bank of Moldova resolving to its owner opening of the account abroad and implementation of certain transactions through this account. Amendments to the permission issued by National Bank of Moldova are permission component;
b) the nonresident bank - bank or other financial institution (having the right to attract term deposits and/or on-demand deposits or their equivalents and to perform other financial transactions) with the location outside the Republic of Moldova, having license for implementation of financial activities granted by body, the right given it according to the legislation of foreign state and also branch of licensed bank of the Republic of Moldova with the location outside the Republic of Moldova;
c) the account opened abroad (the account abroad) - the account in national or foreign currency (the current account, term deposit, etc.) opened by the account holder in nonresident bank for the purpose of transfer, storage and/or use of money;
d) physical resident persons - the residents specified in the subitem and) Item 9) article 3 of the Law No. 62-XVI of 21.03.2008;
e) the physical resident persons performing certain type of activity - the residents specified in the subitem b) Item 9) article 3 of the Law No. 62-XVI of 21.03.2008;
f) legal resident persons - the residents specified in subitems c) - g) Item 9) article 3 of the Law No. 62-XVI of 21.03.2008;
g) the applicant - the resident who intends to open the account abroad which opening is subject to permission National Bank of Moldova according to the Law No. 62-XVI of 21.03.2008 and for this purpose submits to National Bank of Moldova (personally or through the representative) the statement for issue of permission to opening of the account abroad on the name and documents concerning opening of the account abroad for which permission of NBM is asked;
h) the account holder - physical resident person, physical resident person, performing certain type of activity, or legal resident person, including bank addressed to which the account abroad is opened;
i) ceased to be valid.
2. These regulations regulate:
a) process of issue by National Bank of Moldova permissions to opening of the account abroad, including requirements to the statement for issue of permission and the list of the enclosed documents, requirements concerning informing on change of data in the documents enclosed to the application;
b) features concerning opening, maintaining and closing of accounts abroad which opening requires permission of National Bank of Moldova;
c) procedure for provision of the reporting to National Bank of Moldova concerning the accounts which are dug out abroad based on permission of NBM;
d) the features concerning application of sanctions against owners of the permissions issued to NBM;
e) some features concerning accounts abroad for which discovery abroad are not required permissions of National Bank of Moldova.
2-1. Provisions of these regulations are not applied in case of the accounts opened abroad by the Ministry of Finance and National Bank of Moldova.
3. Provisions of these regulations contain requirements from the point of view of currency control and do not exempt residents, including suppliers of payment resident services (further - suppliers of PUR) from observance of other requirements of the legislation of the Republic of Moldova (including in the field of the prevention and anti-money laundering and terrorism financing, etc.).
4. Opening by the resident in nonresident bank of the account in national or foreign currency, and also implementation of transactions through this account (further - opening of the account abroad) is performed only after obtaining in National Bank of Moldova of permission to opening of the account abroad. Without the permission of National Bank of Moldova residents can open accounts abroad in the cases established by part (8) Article 6 and part (5) article 13 of the Law No. 62-XVI of 21.03.2008.
5. Permission of opening of the account abroad does not involve adoption by National Bank of Moldova of any obligations of rather this account and the transactions performed through it.
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