RESOLUTION OF BOARD OF NATIONAL BANK OF THE KYRGYZ REPUBLIC

of June 14, 2017 No. 2017-P-19/24-8-(NPA)

About modification and amendments in some regulatory legal acts of National Bank of the Kyrgyz Republic

According to articles 7 and 43 of the Law "About National Bank of the Kyrgyz Republic, Banks and Banking Activity" Board of National Bank decides:

1. Make the enclosed changes and additions to the following regulatory legal acts of National Bank of the Kyrgyz Republic:

- the resolution of Board of National Bank of the Kyrgyz Republic "About approval of the Provision "About System of Package Clearing of Small Retail and Regular Payments in the Kyrgyz Republic" of December 15, 2005 No. 37/8;

- the resolution of Board of National Bank of the Kyrgyz Republic "About the Instruction about procedure for carrying out payments in System of package clearing of small retail and regular payments in the Kyrgyz Republic" of August 22, 2007 No. 38/11;

- the resolution of Board of National Bank of the Kyrgyz Republic "About approval of Rules of carrying out payments in the form of direct debiting in System of package clearing" of July 30, 2008 No. 30/6.

2. To management of bank calculations to bring this resolution to the attention of commercial banks, regional managements and representative office of National Bank of the Kyrgyz Republic in Batken Province.

3. This resolution becomes effective since June 22, 2017.

4. To legal management:

- publish this resolution on the official site of National Bank of the Kyrgyz Republic;

- after official publication to send this resolution to the Ministry of Justice of the Kyrgyz Republic for inclusion in the State register of regulatory legal acts of the Kyrgyz Republic.

5. To impose control of execution of this resolution on the vice-chairman of National Bank Kyrgyz Republics Orozbayeva Л.Дж.

Appendix

to the Resolution of Board of National Bank of the Kyrgyz Republic of June 14, 2017 No. 2017-P-19/24-8-(NPA)

Changes and amendments in some regulatory legal acts of National Bank of the Kyrgyz Republic

1. Bring in the resolution of Board of National Bank of the Kyrgyz Republic "About approval of the Provision "About System of Package Clearing of Small Retail and Regular Payments in the Kyrgyz Republic" of December 15, 2005 No. 37/8 the following changes and amendments:

in the Provision "About System of Package Clearing of Small Retail and Regular Payments in the Kyrgyz Republic" approved by the above-stated resolution:

In all text after the word "correspondent" in different case forms to add 1) with the word "/flowing" in the corresponding cases;

2) in Chapter 1:

- Item 1.1. declare invalid;

3) in Chapter 2:

- in the paragraph the thirteenth shall be replaced with words words of "financial credit institutes" "financial credit institutions"; after the words "in National Bank" to add with words "The Kyrgyz Republic (further - National Bank)";

- paragraphs the fourteenth, twenty eighth and twenty ninth to recognize invalid;

4) in Chapter 5:

- Item 5.2. state in the following edition:

"5.2. The National Bank or according to the decision of National Bank the legal entity (resident) in the form of joint-stock company who is acting on the basis of the licenses of National Bank and regulatory legal acts of National Bank can be clearing center.";

5) in Chapter 6:

- Item 6.1. declare invalid;

- in Item 6.2. after the words "direct connection with system" to add with words ", the signed contribution agreement in system with clearing center";

- in Item 6.4." (the companies, the organizations providing regular services to the population, etc.)" to exclude words;

- Item 6.5. state in the following edition:

"6.5. Special participant of system is the participant who does not have the correspondent/current account in National Bank, but having direct connection with system and opportunity to transfer / accept messages of system, the signed contribution agreement in system with clearing center";

- in Item 6.6. the words "Participant of System" shall be replaced with words "Working interest owner";

6) in Chapter 9:

- Items 9.4. and 9.5. recognize invalid;

- Item 9.8. state in the following edition:

"9.8. For the purpose of minimization of operational risks and ensuring smooth functioning of system work of the main clearing center is duplicated in the reserve center. In case of failures (power supply, the hardware, communication channels, etc.) in the main center if necessary switching of system to the reserve center within 2 hours is performed.";

- in Item 9.9. words"," to exclude SWIFT channel;

- in Item 9.10. words", the infrastructure of open keys (PKI) based on use" to exclude.

2. Bring in the resolution of Board of National Bank of the Kyrgyz Republic "About the Instruction about procedure for carrying out payments in System of package clearing of small retail and regular payments in the Kyrgyz Republic" of August 22, 2007 No. 38/11 the following changes and amendments:

in the Instruction about procedure for carrying out payments in System of package clearing of small retail and regular payments in the Kyrgyz Republic approved by the above-stated resolution:

1) in Chapter 1:

- Item 1.1. declare invalid;

- in Item 1.3. figures and words "No. 37/8 of 15.12.2005 and registered in the Ministry of Justice of the Kyrgyz Republic No. 8-06 of 18.01.2006" to replace with figures and the words "of December 15, 2005 No. 37/8 and No. 8-06 registered in the Ministry of Justice of the Kyrgyz Republic of January 18, 2006";

- in Item 1.4. figures and words "No. 16/4 of 19.05.2005 and the Kyrgyz Republic No. 91-05 registered in the Ministry of Justice of 27.06.2005," shall be replaced with words also in figures "of June 15, 2016 No. 25/8";

- in Item 1.5. figures and words "No. 5/10 of 02.03.06 and registered in the Ministry of Justice of the Kyrgyz Republic No. 25-06 of 23.03.06" shall be replaced with words also in figures "The Kyrgyz Republic of March 2, 2006 No. 5/10 and registered in the Ministry of Justice of the Kyrgyz Republic of March 23, 2006 No. 25-06";

- in Item 1.6. after words of "National Bank" to add with words of "the Kyrgyz Republic";

2) in Chapter 2:

in Item 2.2.:

- paragraphs third, the fifth, the sixth, the ninth, the tenth, the eleventh, the fifteenth, eighteenth and nineteenth to recognize invalid;

- in paragraph 8 shall be replaced with words the word "GSRRV" "grossovy settlement system in real time (further - GSRRV)";

- in the paragraph the sixteenth the words "the hardware and software in case of KTs" shall be replaced with words "the hardware and software established in the Single service center of National Bank";

3) in Chapter 3:

- Item 3.1. declare invalid;

- Item 3.2. state in the following edition:

"3.2. Source payment document in paper or electronic form is created by the client of bank and transferred to bank sender in accordance with the terms of the contract between the client and bank sender.";

4) in Chapter 4:

- in Item 4.1. the offer first to state in the following edition:

"4.1. The bank sender accepts the paper payment document from the client at least in duplicate.";

- in Item 4.2. figures and words "No. 36/5 of July 25, 2007" shall be replaced with words also in figures "The Kyrgyz Republic of July 25, 2007 No. 36/5";

5) in Chapter 5:

- in Item 5.1. words"; or summary payment orders in which fields of sub-account and personal account are surely filled, for complete disclosure of payments in joint project company" to exclude;

6) in Chapter 6:

in Item 6.3.:

in subitem 6.3.2.:

- the offer first to state in the following edition:

"KTs can make acceptance of the file with packet of net line items from the Single interbank processing center (further - EMPTs).";

- in the offer the sixth "bilateral" to exclude the word;

in subitem 6.3.4.:

- exclude the words "based on resolutions of Board or Committee on supervision of National Bank";

- subitems 6.3.8. and 6.3.9. recognize invalid;

in subitem 6.3.13. words", and the payment documents accepted by system and included in the current net line item are considered irrevocable for paying bank (requests for cancellation of these payments do not begin)" to exclude;

in Item 6.4.:

- in subitem 6.4.3. the offer second to exclude;

- in subitem 6.4.4. second and third to exclude offers;

in Item 6.5.:

- Item 6.5.2. state in the following edition:

"6.5.2. In system on the basis of the file received from GSRRV reserves to participants are established.";

in Item 6.7.:

- subitem 6.7.3. declare invalid;

7) in Chapter 8:

Items 8.2. and 8.4. recognize invalid;

8) in all text of the document abbreviation of "NBKR" shall be replaced with words "National Bank" in the corresponding case forms.

3. Bring in the resolution of Board of National Bank of the Kyrgyz Republic "About approval of Rules of carrying out payments in the form of direct debiting in System of package clearing" of July 30, 2008 No. 30/6 the following changes and amendments:

in Rules of carrying out the payments in the form of direct debiting in System of package clearing approved by the above-stated resolution:

1) in Chapter 1:

- Item 1.1. state in the following edition:

"1.1. These rules of carrying out payments in the form of direct debiting (further Governed) determine procedure for carrying out payments in the form of direct debiting in System of package clearing of small and retail payments in the Kyrgyz Republic (further - System), and also relations and obligations of the payer, paying bank, the receiver and payee bank (further in case of joint mentioning - participants) and Systems according to the Civil code of the Kyrgyz Republic, the laws of the Kyrgyz Republic "About National Bank of the Kyrgyz Republic, banks and banking activity", "About payment system of the Kyrgyz Republic", "About the digital signature" and other regulatory legal acts by payment systems:

- The provision "About Clearing Settlements in the Kyrgyz Republic" approved by the order of the Government of the Kyrgyz Republic and National Bank of the Kyrgyz Republic of 09.09.2005 No. 420/21/4;

- The provision "About System of Package Clearing of Small Retail and Regular Payments in the Kyrgyz Republic" approved by the resolution of Board of National Bank of the Kyrgyz Republic of 15.12.2005 No. 37/8 and registered in the Ministry of Justice of the Kyrgyz Republic of 18.01.2006 No. 8-06;

- The instruction "About procedure for carrying out payments in system of package clearing of small retail and regular payments in the Kyrgyz Republic", approved by the resolution of Board of National Bank of the Kyrgyz Republic of 22.08.2007 No. 38/11 and registered in the Ministry of Justice of the Kyrgyz Republic of 4.10.2007 No. 88-07 (further - the Instruction about joint project company);

- The instruction "About procedure for filling of payment documents", approved by the resolution of Board of National Bank of the Kyrgyz Republic of July 25, 2007 No. 36/5 and registered in the Ministry of Justice of the Kyrgyz Republic of 3.09.2007 No. 82-07;

- Rules of filling of formats of electronic payment documents and messages of System of package clearing of small retail and regular payments in the Kyrgyz Republic", the Boards of National Bank of the Kyrgyz Republic approved by the resolution of 02.03.06 No. 5/10 and registered in the Ministry of Justice of the Kyrgyz Republic of 23.03.06 No. 25-06 (further - Rules of filling of formats).";

- Item 1.2. state in the following edition:

"1.2. The list of the commercial banks providing services in payments of direct debiting is posted on the official site of National Bank of the Kyrgyz Republic (further - National Bank).";

- Item 1.4. add with the paragraph the seventh the following content:

"The black list ("BlackList") - the list of the participating clients of system who exceeded the parameter of number of the rejected payments on direct debiting in cases of violation of condition by them about providing in settlement date of sufficiency of money on the account for implementation of payment according to the contract for direct debiting.";

2) in Chapter 2:

- subitem 2.1.1. Item 2.1. state in the following edition:

"2.1.1. The receiver creates the electronic sheet on payments in the form of direct debiting of the bank account of the payer in the Excel or Dbf formats, according to the Instruction "About procedure for filling of payment documents", the Kyrgyz Republic approved by the resolution of Board of National Bank of July 25, 2007 No. 36/5, also transfers her to bank receiver on the available communication channels or on external carriers (diskettes, flash, CD, etc.).";

- in subitem 2.2.3. Item 2.2. "Instruction" about procedure for filling of payment documents "shall be replaced with words" words rules of filling of formats";

- in the second offer of subitem 2.4.3. Item 2.4. shall be replaced with words the words "from the date of processing" "from the date following after date of processing";

3) in Chapter 6:

- in Items 6.5. and 6.9. shall be replaced with words the words "of date of processing" "from the date following after date of processing";

4) in Chapter 8:

- in the first offer of Item 8.4. and in Item 8.5. shall be replaced with words the words "from the date of processing" "from the date following after date of processing";

5) in all text of the document abbreviation of "NBKR" shall be replaced with words "National Bank" in different case forms.

 

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