INSTRUCTION OF CENTRAL BANK OF THE RUSSIAN FEDERATION

of October 11, 2018 No. 4930-U

About modification of the Provision of the Bank of Russia of June 19, 2012 No. 383-P "About rules of implementation of money transfer"

1. According to item 4 of article 4 of 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; No. 26, Art. 3891; No. 27, Art. 4225, Art. 4273, Art. 4295; 2017, No. 1, Art. 46; No. 14, Art. 1997; No. 18, Art. 2661, Art. 2669; No. 27, Art. 3950; No. 30, Art. 4456; No. 31, Art. 4830; No. 50, Art. 7562; 2018, No. 1, Art. 66; No. 9, Art. 1286; No. 11, Art. 1584, Art. 1588; No. 18, Art. 2557; No. 24, Art. 3400; No. 27, Art. 3950; No. 31, the Art. 4852) and the solution of the Board of directors of the Bank of Russia (the minutes of the Board of directors of the Bank of Russia of October 1, 2018 No. 31) to bring in the Provision of the Bank of Russia of June 19, 2012 No. 383-P "About rules of implementation of money transfer", registered by the Ministry of Justice of the Russian Federation on June 22, 2012 No. 24667, on August 14, 2013 No. 29387, on May 19, 2014 No. 32323, on June 11, 2015 No. 37649, on January 27, 2016 No. 40831, on July 31, 2017 No. 47578, the following changes.

1.1. The paragraph one of Item 1.1 after the words "having the right on the basis" to add with the word of "federal".

1.2. After Item 1.21.1 to add with Item 1.21.2 of the following content:

"1.21.2. On hand, requiring accomplishment of conditions of money transfer (further - transfer conditions), the sign determining availability of conditions of money transfer (further - sign of conditions of transfer) is specified if it is provided by the agreement.".

1.3. The second offer of Item 1.22 after words", and also" to add with words "case of refining by bank of details of orders, stipulated in Item 4.1 this provision, and".

1.4. In Item 2.1:

"Federal Law" to add the paragraph of the seventh after words with the word", the agreement";

the ninth to add the paragraph with the offer of the following content: "In case of the specifying on hand requiring accomplishment of conditions of transfer, sign of conditions of transfer bank exercises control of accomplishment of conditions of transfer according to the procedure, established by the agreement.".

1.5. Item 2.7 after the words "taking into account requirements of the legislation" to add with the word "agreements".

1.6. State Item 2.10 in the following edition:

"2.10. Control of sufficiency of money on the bank account of the payer is exercised by payer bank in case of acceptance to execution of each order repeatedly or once according to the procedure, established by bank.

Sufficiency of money on the bank account of the payer is determined proceeding from balance in cash, being on the bank account of the payer for the beginning of the present day, and taking into account the amounts:

the money charged off the bank account of the payer and enlisted on the bank account of the payer prior to determination of sufficiency of money on the bank account of the payer;

the cash issued from the bank account of the payer and enlisted on the bank account of the payer prior to determination of sufficiency of money on the bank account of the payer;

money concerning which the possibility of execution of the order of the client about cash write-off during the term defined by the agreement, but no more than is confirmed ten days to the receiver of means and (or) payee bank of means according to the agreement.

According to the legislation or the agreement sufficiency of money on the bank account of the payer is determined taking into account:

the cash amounts which are subject to write-off from the bank account of the payer and (or) transfer on the bank account of the payer based on the orders accepted to execution and not performed prior to determination of sufficiency of money on the bank account of the payer;

credit amounts, the payer (overdraft) presented by payer bank according to the agreement in case of insufficiency of money on the bank account;

other cash amounts.

Sufficiency of money on all bank accounts included according to agreements in group of bank accounts is determined in case of insufficiency of money on the bank account of the payer included in the specified group of bank accounts.

Sufficiency of money on the joint account is determined proceeding from the share in the right to money (the common laws on the money belonging to spouses) which is on the joint account belonging to the payer if other is not provided by the agreement of the parties.

In case of sufficiency of money on the bank account of the payer of the order receipts of the acceptance from the payer are subject to execution in the sequence of receipt of orders in bank, if the legislation does not provide change of the specified sequence. In case of suspension of transactions according to the bank account of the payer according to the Federal Law the specified orders are located in queue of the orders expecting permission to carrying out transactions according to the bank account of the payer (further - queue of the orders expecting permission to carrying out transactions).

In case of insufficiency of money on the bank account of the payer - the legal entity, the individual entrepreneur or the physical person who is engaged in the procedure established by the legislation of the Russian Federation in private practice, credit institution after control of sufficiency of money on the bank account (repeatedly or once) orders are not accepted by bank to execution and return (are cancelled) to senders of orders no later than the working day following behind day of receipt of the order or behind day of receipt of the acceptance of the payer, except for:

orders of the fourth and previous priority of cash write-off from the bank account established by the Federal Law;

orders of claimants of funds of the fifth priority of cash write-off from the bank account established by the Federal Law;

the orders accepted by bank to execution or shown by bank according to the legislation or the agreement.

The specified orders accepted to execution are located with bank in queue of the orders which are not performed in time for the subsequent control of sufficiency of money on the bank account of the payer and execution of orders in time and according to the procedure of priority of cash write-off from the bank account which are established by the Federal Law.

When placing the order the bank sends to queue of the orders which are not performed in time to the sender of the order the notification in electronic form or on paper in the form established by bank or returns order copy on paper in time no later than the working day following behind day of the room of the order in queue of the orders which are not performed in time. At the order placed in queue of the orders which are not performed in time, the bank specifies date of the room of the order in queue. When placing the order of the receiver of means shown in payer bank through payee bank of means, the specified notification goes to queue of the orders which are not performed in time payer bank to payee bank of means for transfer to the receiver of means.

In case of suspension according to the Federal Law of transactions according to the bank account of the payer of the order to which suspension extends from queue of the orders which are not performed in time are located in queue of the orders expecting permission to carrying out transactions. In case of cancellation of suspension of transactions according to the bank account of the payer the specified orders are subject to execution in case of sufficiency of money on the bank account of the payer or are located in queue of the orders which are not performed in time in case of insufficiency of money on the bank account of the payer in the sequence of the room of orders in queue before suspension of transactions according to the bank account of the payer.

In case of insufficiency of money on the bank account of the payer - physical person of the order if other is not stipulated by the legislation or the agreement, are not accepted by bank to execution and return (are cancelled) no later than the working day following behind day of receipt of the order. The queue of the orders which are not performed in time to bank accounts of payers - physical persons is not conducted.

Sufficiency of money for the purpose of implementation of money transfer without opening of the bank account is determined by credit institution proceeding from the amount of the money provided by the client by the orders accepted to execution.".

1.7. State Item 4.3 in the following edition:

"4.3. If other is not stipulated by the legislation or the agreement, the payee bank of means establishes procedure for transfer of money on the bank account of the receiver of means, at the same time transfer of money on the bank account of the receiver of means on bank account number of the receiver of means or the identifier allowing to establish unambiguously bank account number of the receiver of means and other information on the receiver of means is allowed. The identifier allowing to establish unambiguously bank account number of the receiver of means is used in case of the consent of the receiver of means. The specified consent can be this in the contract between the receiver of means and the bank servicing it or in the form of the separate message or the document constituted by the receiver of means in electronic form or on paper.".

1.8. In the first offer of paragraph one of Item 6.1 of the word "the receiver of means" and the word of "others" to exclude.

1.9. State Items 6.4 and 6.5 in the following edition:

"6.4. Transfer of the letter of credit, changes of conditions of the letter of credit, documents, statements, notifications, notices and other exchange of information according to the letter of credit can be performed on paper and (or) in electronic form with use of the means of communication allowing to establish authentically the sender including information systems, including the distributed information systems. Features of exchange of information according to the letter of credit with use of information systems are stipulated in Item 6.34 this provision.

6.5. In case of receipt of the letter of credit, changes of conditions of the letter of credit, documents, statements, notifications, notices and other information on the letter of credit the bank performs the corresponding procedures of acceptance to execution of orders provided by Chapter 2 this provision taking into account features, stipulated in Item 6.34 this provision.".

1.10. The eleventh Item 6.7 to state the paragraph in the following edition:

"the list of documents which shall be provided according to the letter of credit, and requirements to them;".

1.11. State Item 6.9 in the following edition:

"6.9. The performing bank tells conditions of the letter of credit which arrived from emitting bank to the receiver of means and sends to the receiver of means information on the address of division of the performing bank to which documents according to the letter of credit shall be submitted. If such information is not sent to the receiver of means, the place of submission of documents according to the letter of credit to the performing bank the address of its head office is considered. According to the powers conferred by emitting bank, the performing bank can attract to the message of conditions of the letter of credit other bank, including payee bank of means which informs the performing bank on date of the message of conditions of the letter of credit to the receiver of means. In case of the disagreement or impossibility to tell conditions of the letter of credit to the receiver of means the bank informs on it the performing bank no later than three working days since day of receipt of the letter of credit.".

1.12. State Items 6.11 and 6.12 in the following edition:

"6.11. At the request of emitting bank the irrevocable letter of credit can be confirmed with other bank (further - confirmatory bank). In case of the consent to confirm the letter of credit other bank the emitting bank informs on date of confirmation of the letter of credit. In case of the disagreement to confirm the letter of credit other bank the emitting bank no later than three working days since day of receipt of the letter of credit from emitting bank informs on it.

6.12. In case of change of conditions or cancellation of the letter of credit the payer submits the application in emitting bank. According to the received application the emitting bank sends to the receiver of means, including through the performing bank, the notice on change of conditions or cancellation of the letter of credit.".

1.13. Declare Item 6.13 invalid.

1.14. State Items 6.15 and 6.16 in the following edition:

"6.15. For execution of the letter of credit the receiver of means submits to the performing bank the documents provided by conditions of the letter of credit during effective period of the letter of credit and within the term provided by the letter of credit for submission of documents. Documents can be submitted directly in emitting bank. According to the covered (deposited) letter of credit the emitting bank can request from the performing bank confirmation that documents were not submitted to the performing bank, were not paid by the performing bank, and has the right to demand from the performing bank of return of cover amount based on the request confirming submission of documents in emitting bank, and in case of the confirmed letter of credit - also execution of the letter of credit by emitting bank. In this case the performing bank performs return of cover amount no later than the working day following behind day of receipt of request of emitting bank.

6.16. In the cases provided by conditions of the letter of credit, documents according to the letter of credit can be submitted in electronic form, including with use of information systems.".

1.15. Declare Item 6.19 invalid.

1.16. To add Item 6.20 after the words "Execution of the Letter of Credit" with words "by payment".

1.17. Declare Item 6.21 invalid.

1.18. State Items 6.24 and 6.25 in the following edition:

"6.24. In case of establishment of discrepancy of the submitted documents on external signs the performing bank has the right to refuse to conditions of the letter of credit (further - documents with discrepancies) performed by the letter of credit, having notified on it the receiver of means and having specified all discrepancies which are cause of failure. Or on condition of its notification independently to request the performing bank of the means having the right at the request of the receiver the emitting bank about consent to accept documents with discrepancies. The performing bank has the right at any time before receipt of the reply of emitting bank and instructions of the receiver of means to return documents with discrepancies to the receiver of means.

6.25. The documents provided by conditions of the letter of credit can be provided repeatedly before the expiration of its action within the letter of credit of term provided by conditions for submission of documents.".

1.19. In Item 6.27 of the word "Items 6.24 and 6.26" shall be replaced with words "Item 6.24".

1.20. State Item 6.28 in the following edition:

"6.28. In case of establishment of discrepancy of the submitted documents on external signs to conditions of the letter of credit the emitting bank has the right to address the payer for its consent to accept documents with discrepancies. At the same time term, stipulated in Item 6.17 this provision for verification of documents, does not change. The emitting bank has the right to return at any time before receipt of the answer of the payer documents to the receiver of means. In case of establishment of discrepancy on external signs of the documents accepted by the performing bank to conditions of the letter of credit the emitting bank has the right to demand from the performing bank of return of the amounts paid to the receiver of means at the expense of transferred to the performing bank of covering (according to the covered (deposited) letter of credit), compensations of the amounts charged off the correspondent account opened in the performing bank or to refuse performing to bank compensation of the amounts, paid to the receiver of means (according to the uncovered (guaranteed) letter of credit).".

1.21. In the first offer of Item 6.32 of the word "no later than the working day following behind day" shall be replaced with words "in day".

1.22. Add Chapter 6 with Item 6.34 of the following content:

"6.34. Exchange of information according to the letter of credit, including submission of documents according to the letter of credit, with use of information systems is performed taking into account the following features.

6.34.1. Submission of documents according to the letter of credit in electronic form can be performed by their direction, provision of access to them, and also by means of provision to bank of the reference for the appeal to the information system provided by conditions of the letter of credit containing documents in electronic form.

The notification, the notice of participants of payment under the letter of credit can be performed by means of exchange of documents in electronic form, provision of access to documents in electronic form and to other information on the letter of credit.

6.34.2. By conditions of the letter of credit submission of one or several documents in electronic form, jointly or separately, at the same time or at different times can be provided.

6.34.3. The document in electronic form is considered provided in case of simultaneous accomplishment of the following conditions:

the direction of documents in electronic form or provision of access to them on the e-mail address, including the e-mail address, the address provided by conditions of the letter of credit on the Internet, and (or) with use of information system which name is specified in the conditions of the letter of credit;

compliance of the document format in electronic form to certain format if it is provided by conditions of the letter of credit;

opportunity to establish contents of the document in electronic form and to carry out its inspection on compliance to conditions of the letter of credit;

in case of the direction of the document - opportunity to establish the sender of the document in electronic form, and by provision of access to information system or references for the appeal to information system - opportunity to install information system which contains the document in electronic form, and availability during review period of documents of the information system used for submission of documents in electronic form.

If the bank performing verification of documents cannot get access to information system in connection with access restriction, including in connection with provision of paid access if such condition of access was not provided by conditions of the letter of credit, the document is considered unpresented.

6.34.4. Date and time of submission of documents in electronic form are determined by the time zone of division of the performing bank to which documents according to the letter of credit, or, in the absence of such division, on the time zone of the location of the performing bank shall be submitted. The performing bank shall fix time of receipt of the submitted documents in electronic form.

6.34.5. The receiver of means shall provide to the performing bank the notification on completion of submission of documents (further - the notification on representation completion) if the different way of completion of submission of documents is not determined by conditions of the letter of credit.

The notification on completion of representation can be represented to the performing bank in electronic form, including with use of information system, or on paper. The notification on completion of representation shall allow to establish the letter of credit to which this notification belongs.

If other is not provided by conditions of the letter of credit, documents in electronic form in case of non receipt by the performing bank of the notification on completion of representation are not considered as provided.

6.34.6. If the submitted document in electronic form contains the reference to data on the Internet, the performing bank performs verification of the document in electronic form and available data on the reference.

6.34.7. If conditions of the letter of credit provide the appeal of the performing bank to information system, date of submission of the document according to the letter of credit is date of the first appeal of the performing bank to information system as a result of which the performing bank fixed availability in such information system of the document in electronic form provided by conditions of the letter of credit or date in which submission of documents according to the letter of credit is complete in accordance with the terms of the letter of credit.

The procedure, including frequency, appeals of the performing bank to information system can be provided by conditions of the letter of credit and (or) the agreement between participants of payment under the letter of credit.

The performing bank shall fix information on availability in information system of the document in electronic form provided by conditions of the letter of credit, date and time of each appeal to information system and also about result of such address.

6.34.8. In case of impossibility of submission of documents in electronic form before the expiration of their representation because of unavailability of information system, including the access restrictions which are not provided by conditions of the letter of credit, the receiver of funds within one working day from expiry date of submission of documents notifies on it the performing bank with indication of date, time of unavailability of information system and with appendix of the notice of information system on its unavailability if the information system provides the direction of such notices. The performing bank confirms to the receiver of means receipt of the notification.

The performing bank on receipt of the notification of the receiver of means on unavailability of system is informed on it by emitting bank and confirmatory bank (in the presence) within one working day.

After recovery of availability of information system the performing bank within one working day notifies on it the receiver, emitting bank and confirmatory bank (in the presence).

In this case the term of submission of documents is prolonged if other is not provided by conditions of the letter of credit, about the working day following behind day of the direction of the notification to the receiver of means on recovery of availability of information system; the review period of documents is determined by Item 6.17 of this provision. Execution of the letter of credit in case of establishment of compliance of the submitted documents to conditions of the letter of credit is performed by the performing bank according to this Chapter.

6.34.9. Action of subitems 6.34.4 - 6.34.8 presents of Item extends on emitting bank in case of representation and verification of documents in electronic form.".

1.23. Item 7.4 in paragraph one "law" shall be replaced with words the word "Federal Law".

1.24. In appendix 1:

3 lines of detail 11 to state column paragraph two in the following edition:

"BIC of payer bank appropriated according to the Provision of the Bank of Russia of July 6, 2017 to No. 595-P "About payment system of the Bank of Russia", the registered Ministry of Justice of the Russian Federation on October 6, 2017 No. 48458 is specified (further - the Provision of the Bank of Russia No. 595-P)";

3 lines of detail 14 to state column paragraph two in the following edition:

"BIC of payee bank of means appropriated according to the Provision of the Bank of Russia No. 595-P is specified";

3 lines of detail 23 to state the column in the following edition:

"Reserve field.

The sign of conditions of transfer, including in the form of code is specified";

3 lines of detail 24 after the words "In the Collection Order Are Specified in case of Money Recovery on the Basis" to add column paragraph two with the word of "federal";

third columns 3 lines of detail 47 to add the paragraph with the words "according to the procedure, established by bank";

the note 7 after words "in the detail "Code" to add with words", sign of conditions of transfer in detail "the Cut. field";

add with the note 8 of the following content:

"8. When implementing money transfer with (on) joint the accounts (the joint accounts) in the detail "Payer" ("Receiver"), the payer's "INN" ("INN" of the receiver of means) the values of the specified details of the physical person which is the payer (the receiver of means) provided by this appendix are specified.".

1.25. In appendix 8:

3 lines of detail 23 to state column paragraph two in the following edition:

"Value of the corresponding detail of the order on which partial execution is performed is transferred, or value of detail is not specified in cases if this detail at this order is not filled";

the note 3 after words "in the detail "Code" to add with words", sign of conditions of transfer in detail "the Cut. field".

1.26. To add appendix 11 after line of detail 22 with line of the following content:

"

23

Cut. field

35

                                                               ."

2. This Instruction becomes effective after 10 days after day of its official publication, except for provisions for which this Item establishes other term of their introduction in force.

Subitem 1. 2, paragraph third subitem 1. 4, paragraphs of the sixth - the eighth and eleventh subitem 1. 24, subitems 1.25 and 1.26 of Item of 1 this Instruction become effective since January 1, 2019.

 

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info