INSTRUCTION OF CENTRAL BANK OF THE RUSSIAN FEDERATION

of December 21, 2017 No. 184-I

About procedure for conducting the inspection checks which are not credit institutions of operators of payment systems, operators of services of payment infrastructure

Based on part 7 of article 33 of the Federal Law of June 27, 2011 No. 161-FZ "About national payment system" (The Russian Federation Code, 2011, No. 27, Art. 3872; 2012, No. 53, Art. 7592; 2013, No. 27, Art. 3477; No. 30, Art. 4084; No. 52, Art. 6968; 2014, No. 19, Art. 2315, Art. 2317; No. 43, Art. 5803; 2015, No. 1, Art. 8, Art. 14; 2016, No. 27, Art. 4221, Art. 4223; 2017, No. 15, Art. 2134; No. 18, Art. 2665; No. 30, of the Art. 4456) (further - the Federal Law "About National Payment System") this Instruction regulates procedure for conducting inspection checks (further - check) not being credit institutions of operators of payment systems, operators of services of payment infrastructure.

Chapter 1. General provisions

1.1. Checks not being credit institutions operators of payment systems, operators of services of payment infrastructure are carried out by the Bank of Russia for implementation of functions of supervision in national payment system.

1.2. This Instruction is applied when conducting checks:

operators of payment systems, including their structural divisions created in accordance with the legislation of the Russian Federation which are not credit institutions (separate divisions (branches and representations) and internal structural divisions of operators of payment systems (their branches) located out of their location) (further in case of joint mentioning - operators of payment systems);

operators of services of payment infrastructure, including their structural divisions created in accordance with the legislation of the Russian Federation which are not credit institutions (separate divisions (branches and representations) and internal structural divisions of operators of services of payment infrastructure (their branches) located out of their location) (further in case of joint mentioning - operators of services of payment infrastructure).

1.3. Main objective of conducting checks of operators of payment systems by the Bank of Russia, operators of services of payment infrastructure (further in case of joint mentioning - persons under surveillance of the organization) control on the place of observance by the subsupervising organization of requirements of the Federal Law "About National Payment System" and the regulations of the Bank of Russia adopted based on part 3 of article 2 of the Federal law "About National Payment System" is (further - the Federal Law "About National Payment System" and regulations of the Bank of Russia adopted according to it).

1.4. Persons under surveillance of the organizations are performed at least once in three years. Scheduled inspections of persons under surveillance of the organizations are carried out not more often than once in two years according to part 1 of article 33 of the Federal law "About National Payment System".

Frequency of conducting check of the subsupervising organization and the list of the structural divisions of the subsupervising organization checked within check of the subsupervising organization, and also the list of the activities and (or) questions of activities of the subsupervising organization which are subject to check are determined taking into account assessment:

the circumstances influencing uninterruptedness of functioning of payment system and the services rendered to members of payment service provider and their clients including the circumstances causing suspension (termination) unilaterally of rendering services of payment infrastructure by the operator of services of payment infrastructure;

results of implementation by the operator of payment system of control of observance by members of payment service provider, operators of services of payment infrastructure of the rules of payment system (determined in them procedure for ensuring uninterruptedness of functioning of payment system, risk management system in payment system, procedure of control of observance of rules of payment system and other provisions necessary for ensuring functioning of payment system);

sufficiency of the size of net assets of the operator of payment system;

risk management systems in payment system (including the used management model risks, the list of actions and methods of risk management) and results of implementation of assessment and risk management in payment system;

reliability of accounting (reporting) of the subsupervising organization, summary reporting under payment system;

information obtained within observation in national payment system;

results of the previous checks of the subsupervising organization.

1.5. Persons under surveillance of the organizations are performed by authorized representatives (employees) of the Bank of Russia (further - authorized representatives of the Bank of Russia).

1.5.1. Persons under surveillance of the organizations are performed based on the document confirming powers of authorized representatives of the Bank of Russia on conducting check of the subsupervising organization (further - the order on conducting check).

In the order on conducting check the members of the authorized representatives of the Bank of Russia forming working group for check of the subsupervising organization numbering at least two people with indication of the head of working group (the deputy manager of working group (in case of its appointment) (further - the head of working group), and also workgroup members are determined.

The order on conducting check is constituted in duplicate according to appendix 1 to this Instruction.

1.5.2. In case of need changes of the data containing in the order on conducting check amendment to the order on the conducting check which is integral part of the order on conducting check is drawn up.

Amendment to the order on conducting check is constituted in duplicate according to appendix 2 to this Instruction.

1.6. Orders on conducting checks are signed by the following officials of the Bank of Russia:

The chairman of the Bank of Russia, the First Deputy Chairman of the Bank of Russia, the vice-chairman of the Bank of Russia supervising the structural divisions of the Bank of Russia performing functions of relations management in national payment system and supervision in national payment system, the head of the Main inspection of the Bank of Russia, person, them replacing;

deputy manager of the Main inspection of the Bank of Russia;

the general inspector of the Main inspection of the Bank of Russia (person, it replacing), the deputy general inspector of the Main inspection of the Bank of Russia (further - the general inspector of the Main inspection of the Bank of Russia);

the head of the structural unit, being part of the Bank of Russia of structural division of the Main inspection of the Bank of Russia headed by the general inspector of the Main inspection (person, it replacing);

the head of territorial office of the Bank of Russia, his deputies (further - the head of territorial office of the Bank of Russia).

1.7. Check of the subsupervising organization begins with date of presentation of the order to the subsupervising organization on conducting check by the head of working group or workgroup member according to Item 5.1 of this Instruction (further - start date of check).

Check of the subsupervising organization comes to the end no later than expiry date of the order on conducting check in date of creation of the inspection statement of the subsupervising organization (further - date of completion of check), except as specified creation of the inspection statement of the subsupervising organization (further - the inspection statement) before completion of check according to Item 8.1 or Item 8.5 of this Instruction.

If expiration of the order on conducting check falls on the day recognized in accordance with the legislation of the Russian Federation in the output or non-working holiday in the afternoon of the termination of this term the next working day following it is considered.

1.8. The results of check of the subsupervising organization received during check in addition to data of the reporting of the subsupervising organization, the summary reporting under the payment system provided to the Bank of Russia, and concerning including the facts (events) and (or) circumstances of activities of the subsupervising organization influencing uninterruptedness of functioning of payment system and the services rendered to members of payment service provider and their clients, on sufficiency of the size of net assets of the operator of payment system and accomplishment of other requirements or causing emergence of the bases for implementation of actions and application to the subsupervising organization of enforcement measures, the stipulated in Article 34 Federal Laws "About National Payment System" and other Federal Laws (further - application to the subsupervising organization of measures), are basis for estimates and conclusions of the Bank of Russia about activities of the subsupervising organization (further - supervising information).

1.9. The mode of processing and use by the Bank of Russia and subsupervising organization of information containing in the documents constituted by the Bank of Russia under the organization, carrying out and registration of results of checks of persons under surveillance of the organizations on paper and (or) in electronic form shall provide its confidentiality.

1.10. The organization, carrying out and registration of results of checks of persons under surveillance of the organizations for the directions (questions) of activities connected with ensuring protection of the state secret are performed with observance of the requirements established by the legislation of the Russian Federation on the state secret.

Chapter 2. Rights, obligations and responsibility of authorized representatives of the Bank of Russia

2.1. When conducting checks of persons under surveillance of the organizations the authorized representatives of the Bank of Russia forming working group (further - the head and workgroup members), shall be guided by the Federal Law "About National Payment System" and regulations of the Bank of Russia, other Federal Laws, this Instruction adopted according to it.

2.2. The head and workgroup members shall ensure safety of property, and also documents and other information (further - documents (information), received from the subsupervising organization, and also their return (except for copies of the documents (information) received according to the procedure, established by subitems 2.5.3 - 2.5.5 Items 2.5 and Item 3.4 of this Instruction).

2.3. The head of working group shall organize interaction of working group on all questions of conducting check of the subsupervising organization:

with sole executive body, deputies, members of collegiate executive body of the subsupervising organization, the head of separate division of the subsupervising organization, his deputies (further - the head of the subsupervising organization), members of other governing bodies and heads of other structural divisions of the subsupervising organization (in case of their availability);

with the chief accountant of the subsupervising organization, his deputies (the other person to who conducting financial accounting is assigned) (further - the chief accountant of the subsupervising organization);

with the officials of the subsupervising organization or ranking officers of the subsupervising organization and (or) structural divisions of the subsupervising organization determined according to Item 3.1 or Item 3.2 of this Instruction;

with employees of structural division of the Bank of Russia performing functions of relations management in national payment system and (or) supervision in national payment system of observance by the checked subsupervising organization of requirements of the Federal Law "About National Payment System" and the regulations of the Bank of Russia adopted according to it (further - the structural division of the Bank of Russia exercising supervision of activities of the subsupervising organization).

2.4. The head of working group shall establish time of daily stay of working group in the building and other premises of the checked subsupervising organization during the term of the conducting check estimated from start date of check before date of completion of check taking into account acting in the checked subsupervising organization of operating mode.

Time of stay of working group, excellent from acting in the checked subsupervising organization of operating mode (for example, in connection with change acting in the checked subsupervising organization of operating mode during the term of conducting check), the head of working group shall establish in coordination with the head of the subsupervising organization.

2.5. The head and workgroup members have the right for goal achievement of check to perform the following actions.

2.5.1. Get access to places of implementation of activities of the checked subsupervising organization (to enter buildings and other premises of the checked subsupervising organization including in which are the software and hardware providing fixing, processing, storage and document transfer (information), connected with implementation of activities of the subsupervising organization, with use of the automated and (or) information systems of the subsupervising organization, including electronic databases and systems of video surveillance (is operated) (further - software and hardware of the subsupervising organization), and also to use technical means, including computers, organizational technology, the telecommunication equipment, electronic media of information, to bring in premises of the checked subsupervising organization and to take out from them the technical means belonging to the Bank of Russia.

2.5.2. Receive from the head and employees of the checked subsupervising organization documents (information) for the checked period, including:

the constituent and other documents connected with state registration of the subsupervising organization, with receipt of the registration certificate of the Bank of Russia by the operator of payment system;

organizational and administrative documentation, instructions, provisions, regulations, rules and other internal documents of the subsupervising organization;

the documents (information) confirming accomplishment of payment system of obligation by the operator on the organization and control of observance of rules of payment system by members of payment service provider, operators of services of payment infrastructure;

the documents (information) confirming accomplishment of payment system of obligation by the operator on the organization of risk management system in payment system and to implementation of assessment and risk management in payment system, to ensuring uninterruptedness of functioning of payment system;

information on property of the subsupervising organization (including information concerning accounting of the automated systems, the software, computer aids, the telecommunication equipment used for implementation of activities of the subsupervising organization), about obligations of the subsupervising organization and their movement;

documentation on the used information systems (including electronic databases), technical means and software and hardware of the subsupervising organization, and also documents of the subsupervising organization for the organization and implementation of their operation;

information from information systems, technical means and software and hardware of the subsupervising organization in electronic form, including in the form of the files containing the selections of information (sets of records) determined by working group (further - selections of information (sets of records), and disaggregations (the description of formats) of selections of information (sets of records);

accounting (financial) and other records of the subsupervising organization, summary reporting under payment system;

acts and materials of the inspections of the subsupervising organization which are carried out by the Bank of Russia;

the contracts signed by the subsupervising organization.

2.5.3. Receive from the subsupervising organization of the copy of documents (information) on paper and (or) in electronic form, and also make copies of documents (information) of the subsupervising organization and take out them from buildings and premises of the subsupervising organization for familiarizing with check materials.

Files of electronic images of paper documents, electronic documents, spreadsheets, records of systems of video surveillance and (or) other types of objects of file systems (further - electronic documents (information) and (or) selections of information (sets of records) are provided by the subsupervising organization with the inventories constituted according to appendix 3 and appendix 4 to this Instruction respectively on paper and (or) in electronic form.

2.5.4. Receive from the subsupervising organization oral and written explanations concerning activities of the subsupervising organization, including explanatory notes, references, explanations on the questions connected with development of information systems, technical means and software and hardware of the subsupervising organization, their installation, implementation, standardization and operation including during by the subsupervising organization upon the demand of the head and workgroup members of demonstration and acquaintance with functioning and resources of information systems, technical means and software and hardware of the subsupervising organization (further - explanations of the head and employees of the subsupervising organization).

2.5.5. Get access to information systems of the subsupervising organization in browse mode and (or) selections of necessary information, and also to receive (on own alienable (removable) machine data carriers) electronic documents (information) of the subsupervising organization, other information in electronic form and disaggregations (the description of formats) of their representation.

2.6. The requirement about provision to the head and (or) workgroup members of documents (information) of the subsupervising organization, including electronic documents (information) and (or) selections of information (sets of records), explanations of the head and employees of the subsupervising organization, and also the requirement about accomplishment of actions by the subsupervising organization for the purpose of rendering assistance in conducting check, including provision to the head and workgroup members of workplaces in the certain office of the subsupervising organization, join in the request for provision of documents (information) and rendering assistance with indication of completion date of the relevant requirement. The request for provision of documents (information) and rendering assistance is constituted according to appendix 5 to this Instruction and is provided to the subsupervising organization by delivery to the head of the subsupervising organization (the official of the subsupervising organization or the ranking officer of the subsupervising organization and (or) structural division of the subsupervising organization determined according to Item 3.2 of this Instruction) or by the direction by the registered mail with the assurance of receipt.

Upon the demand of the head and (or) workgroup member the documents (information) of the subsupervising organization constituted completely or in their any part in foreign language (their copy) are provided by the subsupervising organization with maintenance of the translation of the specified documents into Russian, No. 153-I which is drawn up according to the procedure, similar stipulated in Item 1.13 Instructions of the Bank of Russia of May 30, 2014 "About opening and closing of bank accounts, accounts on deposits (deposits), deposit accounts", registered by the Ministry of Justice of the Russian Federation on June 19, 2014 No. 32813, on February 14, 2017 No. 45638.

The head of working group shall consider the motivated petition of the subsupervising organization provided according to subitem 3.4.2 of Item 3.4 of this Instruction and make the decision on prolongation (or on refusal in prolongation) terms of provision of documents (information) or accomplishment of the actions by the subsupervising organization for the purpose of rendering assistance in conducting check established in the request for provision of documents (information) and rendering assistance.

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