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RESOLUTION OF BOARD OF NATIONAL BANK OF THE KYRGYZ REPUBLIC

of December 19, 2018 No. 2018-P-36/55-10

About approval of the Regulations on service bureau SWIFT of National Bank of the Kyrgyz Republic

According to articles 20 and 68 of the Law "About National Bank of the Kyrgyz Republic, Banks and Banking Activity" Board of National Bank of the Kyrgyz Republic decides:

1. Approve the Provision "About Service Bureau SWIFT of National Bank of the Kyrgyz Republic" it (is applied).

2. Declare invalid:

- The resolution of Board of National Bank of the Kyrgyz Republic "About approval of regulations on node of collective use of SWIFT" of February 11, 2009 No. 7/4;

- the paragraph of the seventh of Item 1 of the Resolution of Board of National Bank of the Kyrgyz Republic "About modification and amendments in some regulatory legal acts and recognition voided some regulations of National Bank of the Kyrgyz Republic" of June 8, 2017 No. 2017-P-14/23-11-(PS) and Item 6 of Appendix to the above-stated resolution.

3. To legal management:

- publish this Resolution on the official website 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.

4. This Resolution becomes effective since January 1, 2019.

5. To department of service bureau SWIFT to bring this Resolution to the attention of the relevant structural divisions of National Bank and commercial banks of the Kyrgyz Republic.

6. To impose control of execution of this Resolution on the board member of the National Bank supervising Department of service bureau SWIFT.

Chairman of the board of National Bank of the Kyrgyz Republic

T. Abdygulov

Appendix

to the Resolution of Board of National Bank of the Kyrgyz Republic of December 19, 2018 No. 2018-P-36/55-10

Regulations on service bureau SWIFT of National Bank Kyrgyz Republics

1. General provisions

1. This Provision SWIFT (further - service bureau) National Bank of the Kyrgyz Republic (further - National Bank), and also the main requirements to connection and access of commercial banks (further - Participants) to SWIFTNet through service bureau and support of Participants determines the basic concepts and the principles of functioning of service bureau.

2. The service bureau represents set of infrastructure of collective access to SWIFTNet with the corresponding personnel (further - personnel of service bureau) supporting this infrastructure and providing interaction of Participants with SWIFTNet.

3. SWIFT (Society for Worldwide Interbank Financial Telecommunication) - community of the world interbank financial telecommunications. The telecommunication network SWIFTNet provides reliable and safe data transmission and messages for carrying out cross-border and internal payments between users of the SWIFT system.

4. The operator of service bureau performing support and functioning of infrastructure of collective access to the SWIFT system is the National Bank. Functions of the operator of service bureau can be transferred to other organization, in case of fulfillment of requirements, established by this Provision, and also according to rules and requirements of SWIFT.

5. Personnel of service bureau are staff of structural division of National Bank. Employees of service bureau according to the requirement of SWIFT undergo the corresponding certification.

6. Participants of service bureau are banks - the associates of SWIFT using technical infrastructure of service bureau for access to SWIFTNet.

7. Relations of Participants of service bureau in the course of functioning of service bureau and operation of infrastructure of collective access to SWIFTNet, distribution of risks, responsibility, the rights and obligations are established in the multilateral agreement and the bilateral agreements signed between Participants and the operator of service bureau (further - agreements).

2. Basic principles of functioning of service bureau

8. Support and functioning of infrastructure of collective access to SWIFTNet is provided to service bureau together with providers of communication - network partners of the SWIFT company. At the same time:

1) the service bureau provides support and functioning of the software (further - PO), the equipment of the SWIFT interface/server and the network equipment (further - service bureau infrastructure) which is in zone of responsibility of service bureau according to agreements;

2) providers of communication provide support and functioning of communication channels of service bureau in accordance with the terms, established in the contract between the operator by service bureau and provider of communication.

9. Technical infrastructure of service bureau includes:

1) server hardware (the main and reserve);

2) network equipment;

3) communication channels (the main and reserve) from service bureau to provider of communication SWIFT.

10. Servicing and support of technical infrastructure of service bureau is performed by personnel of service bureau.

11. Functioning of service bureau is provided:

1) technical infrastructure of collective access to SWIFTNet;

2) personnel of service bureau;

3) the rules and recommendations regulating work in SWIFTNet, developed SWIFT (further - documents of SWIFT);

4) regulatory legal acts of National Bank;

5) agreements.

12. The service bureau provides to Participants services within the powers provided from SWIFT and National Bank.

13. There are two methods of connection of Participants to service bureau:

1) with use of infrastructure of service bureau for work in SWIFTNet network - Access connection;

2) with use of own servers and infrastructures of service bureau - Gateway connection.

14. In case of use of infrastructure of service bureau (Access connection) for work in the SWIFT system access for the Participant to the interface is provided via workstations (further - SWIFT terminals) with use of the browser. Support and functioning of the corresponding SWIFT terminal on the party of the Participant is provided with specialists in escort of each Participant independently.

15. In case of use of own servers (Gateway connection) for work in the SWIFT system access for the Participant to SWIFTNet network is provided via the SWIFT terminals connected to own SWIFT servers. Support and functioning of the corresponding servers and SWIFT terminals is provided with personnel on escort of each Participant independently.

16. On all questions concerning the SWIFT system Participants shall address personnel of service bureau. If the question will not be in competence of personnel of service bureau, the matter shall be redirected to Support service of SWIFT on behalf of the Participant.

17. The service bureau has no access to the SWIFT terminals/servers of the Participant and does not bear responsibility for forming and sending SWIFT messages of the Participant.

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