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RESOLUTION OF BOARD OF NATIONAL BANK OF THE REPUBLIC OF BELARUS

of March 19, 2019 No. 117

About approval of the Instruction about procedures for conducting cash transactions and payments with cash

Based on paragraphs of the ninth, twelfth and fourteenth of Article 26, of paragraphs of the second or fourth of Article 30, of the paragraph of third of Article 33 and part one of article 39 of the Bank code of the Republic of Belarus the Board of National Bank of the Republic of Belarus DECIDES:

1. Approve the Instruction about procedures for conducting cash transactions and payments with cash it (is applied).

2. Recognize invalid:

the resolution of Board of National Bank of the Republic of Belarus of March 29, 2013 No. 185 "About approval of the Instruction about procedure for conducting cash transactions in cash foreign currency in the territory of the Republic of Belarus";

the resolution of Board of National Bank of the Republic of Belarus of February 23, 2015 No. 94 "About entering of amendments and changes into the Instruction about procedure for conducting cash transactions in cash foreign currency in the territory of the Republic of Belarus";

the resolution of Board of National Bank of the Republic of Belarus of May 25, 2018 No. 237 "About modification and amendments in the Instruction about procedure for conducting cash transactions in cash foreign currency in the territory of the Republic of Belarus";

subitem 1.3 of Item 1 of the resolution of Board of National Bank of the Republic of Belarus of December 19, 2018 No. 612 "About some questions of carrying out currency transactions".

3. This resolution becomes effective since June 1, 2019.

Chairman of the board

P.V.Kallaur

It is approved

Council of Ministers of the Republic of Belarus

 

State Control Committee of the Republic of Belarus

 

 

Approved by the Resolution of Board of National Bank of the Republic of Belarus of 19.03.2019, No. 117

The instruction about procedures for conducting cash transactions and payments with cash

Chapter 1 General provisions

1. This Instruction establishes single procedures for conducting cash transactions with cash Belarusian rubles and (or) cash foreign currency, and also payments with cash in Belarusian rubles between legal entities, their separate divisions and individual entrepreneurs in the territory of the Republic of Belarus.

2. For the purposes of this Instruction following terms have the following values:

money - Belarusian rubles and (or) foreign currency in cash and non-cash forms;

identity documents, - the passport of the citizen of the Republic of Belarus (the reference confirming the personality), the residence permit in the Republic of Belarus, the certificate of the refugee, the passport of the foreign citizen or other document replacing it, intended for trip abroad and issued by relevant organ of the state of civil accessory or the regular residence of the foreign citizen or stateless person or the international organization;

cash desk - the room or the place of acceptance, issue, storage of cash Belarusian rubles and (or) cash foreign currency, cash documents;

cash transactions - transactions with cash Belarusian rubles and (or) cash foreign currency which are made by legal entities, divisions, the individual entrepreneurs, notaries performing notarial activities in notary offices, notarial bureaus, the employees of notarial archives, lawyers performing lawyer activities individually (further - lawyers), among themselves, with the banks and the non-bank credit and financial organizations and (or) physical persons who are not individual entrepreneurs (further - physical persons) are connected with acceptance in cash desk and (or) issue from cash desk of cash Belarusian rubles and (or) cash foreign currency and are reflected in the corresponding books of accounting, including storage of cash Belarusian rubles and (or) cash foreign currency;

cash circulation - continuous movement of the cash performing functions of currency and payment, oposredstvuyushchy payment of goods, the rendered services, the performed works and other payments;

cash Belarusian rubles - the bank notes in the form of banknotes and coins of National Bank which are in circulation and being legal means of payment in the territory of the Republic of Belarus;

the serving bank - the bank or the non-bank credit and financial organization performing settlement and (or) cash servicing of physical and (or) legal entities, divisions, individual entrepreneurs, the notaries performing notarial activities in notarial bureaus, lawyers;

separate divisions - branches and representations of legal entities which legal status as separate divisions is determined by the provision approved by the legal entity (its authorized body);

compensation - the payments which are part of salary fund according to the Instructions on filling in forms of the state statistical observations of statistics on work approved by the resolution of the Ministry of statistics and the analysis of the Republic of Belarus of July 29, 2008 No. 92;

remaining balance of cash Belarusian rubles (cash foreign currency) - the most admissible cash amount of Belarusian rubles (cash foreign currency) which can be in cash desks of the legal entity, division, the individual entrepreneur, as of the end of the working day;

divisions - all divisions of the legal entity, including separate divisions which make cash transactions;

the worker - the physical person consisting in employment relationships based on the signed employment contract with the legal entity, the notary performing notarial activities in notarial bureau, the lawyer and performing activities from their name, the physical person involved by the individual entrepreneur for implementation of business activity according to the employment and (or) civil contract and performing activities from his name;

the distributor - the responsible person, being the worker of the legal entity, division and authorized by the head of the legal entity (division) on cash disbursement of Belarusian rubles;

authorized persons - responsible persons, including cashiers, being workers of the legal entity, the notary performing notarial activities in notarial bureau, the lawyer, the individual entrepreneur, and also the physical persons performing activities on behalf of the legal entity based on civil agreements;

the actual amount of calculations - the amount of the carried-out payments with cash Belarusian rubles between legal entities, their separate divisions, individual entrepreneurs in day.

The term "subjects of currency transactions" applied in this Instruction matters, determined in paragraph four of part one of Item 2 of Rules of carrying out the currency transactions approved by the resolution of Board of National Bank of the Republic of Belarus of April 30, 2004 No. 72.

The terms "nonresidents" and "foreign currency" applied in this Instruction have the values determined in article 1 of the Law of the Republic of Belarus of July 22, 2003 No. 226-Z "About currency control and currency exchange control".

The terms "bank payment card" and "electronic money" applied in this Instruction have the values determined in part one of Article 273 and part one of article 274 of the Bank code of the Republic of Belarus.

The terms "corporate debit card", "personal debit card", "customer account", "maps check", "emitting bank", the "holder of card" applied in this Instruction have the values determined in part one of Item 2 of the Instruction on procedure for making of transactions with bank payment cards approved by the resolution of Board of National Bank of the Republic of Belarus of January 18, 2013 No. 34.

The term "market" applied in this Instruction matters, determined in Item 23 of article 1 of the Law of the Republic of Belarus of January 8, 2014 No. 128-Z "About state regulation of trade and public catering in the Republic of Belarus".

The terms "objects of mail service", "operator of mail service", "national operator of mail service" applied in this Instruction have the values determined in articles 1 and 16 of the Law of the Republic of Belarus of December 15, 2003 No. 258-Z "About mail service".

The term "registered mailings" applied in this Instruction matters, determined in Item 11 of Rules of rendering the services of mail service public approved by the resolution of Council of Ministers of the Republic of Belarus of September 7, 2004 No. 1111.

The term "payment document" applied in this Instruction matters, determined in paragraph six of Item 2 of the Regulations on procedure for use of the cash equipment, payment terminals, automatic electronic devices, vending machines and acceptance of cash, money in case of implementation of calculations in non-cash form by means of bank payment cards in case of sales of goods, performance of works, rendering services, implementation of activities in the sphere of the gaming, lottery activities, holding video interactive games approved by the resolution of Council of Ministers of the Republic of Belarus and National Bank of the Republic of Belarus of July 6, 2011 No. 924/16.

3. This Instruction is obligatory for accomplishment by the legal entities performing the activities in the territory of the Republic of Belarus, divisions, individual entrepreneurs, notaries performing notarial activities in notary offices, notarial bureaus, employees of notarial archives, lawyers, except for:

National Bank, banks and the non-bank credit and financial organizations of the Republic of Belarus, their branches and structural divisions (further - banks) to whom requirements of Items 17, of 23-26, Chapters 6-8 of this Instruction extend;

operators of mail service to whom requirements of Items 17, 23-28, 42, of Chapters 5-7 of this Instruction extend;

individual entrepreneurs who did not open current (settlement) bank accounts transactions with cash Belarusian rubles and to whom requirements of Chapters 3, 5-7 these Instructions extend make;

individual entrepreneurs who opened current (settlement) bank accounts transactions with cash foreign currency and to whom requirements of Chapters 3-7 of this Instruction extend make.

Features of making of cash transactions by operators of mail service and the organization of cash work by banks are regulated by other bank law.

Requirements of procedure for the conducting cash transactions established by this Instruction for individual entrepreneurs including requirements of Chapter 7 of this Instruction extend to the notaries performing notarial activities in notarial bureaus, lawyers.

4. The calculations between legal entities, individual entrepreneurs and physical persons following from the employment, civil relationships can be carried out by cash Belarusian rubles according to the procedure, established by the legislation.

5. The cash Belarusian rubles, cash foreign currency received in bank by legal entities, divisions, individual entrepreneurs are spent for the purposes specified when obtaining.

6. The cash Belarusian rubles which arrived in cash desks of legal entities, divisions, individual entrepreneurs as return of the cash Belarusian rubles which are earlier received in banks and issued from cash desks of legal entities, divisions, individual entrepreneurs are spent for making of the current transactions performed in the course of activities of legal entities, divisions, individual entrepreneurs (further - current transactions), according to part one of Item 14 of this Instruction.

The cash foreign currency which arrived in cash desks of legal entities, divisions, individual entrepreneurs as return of the cash foreign currency which is earlier received in banks and issued from cash desks of legal entities, divisions, individual entrepreneurs is spent according to the foreign exchange legislation.

7. The legal entity, division, the individual entrepreneur who opened the current (settlement) bank account if necessary independently in writing establish:

the extent of need for change cash Belarusian rubles and (or) change cash foreign currency on each authorized person, including workplace of the cashier;

time of the beginning of preparation and forming of collector bag taking into account the statement of the relevant accompanying documents and the subsequent transfer to employees of service of collection (in case of delivery of cash Belarusian rubles and (or) cash foreign currency to employees of service of collection according to the legislation);

time of delivery of cash Belarusian rubles and (or) cash foreign currency by cashiers to the main thing (to the senior on position) to the cashier;

time of the beginning of preparation of cash Belarusian rubles and (or) cash foreign currency for the subsequent delivery in bank, cash Belarusian rubles - in cash desks of objects of mail service of the national operator of mail service for the legal entities located in the rural zone, divisions, individual entrepreneurs who opened current (settlement) bank accounts (in the absence of main thing position (the senior on position) the cashier).

The extent of need for change cash Belarusian rubles and (or) change cash foreign currency is established for the specific time determined according to paragraphs the third or fifth parts one of this Item for each authorized person, including workplace of the cashier.

The extent of need for change cash Belarusian rubles and (or) change cash foreign currency is established for ensuring smooth operation of authorized persons, including cashiers, on issue of delivery in case of sales of goods (performance of works, rendering services) after delivery by the authorized person, including the cashier, cash Belarusian rubles and (or) cash foreign currency according to paragraphs the third or fifth parts one of this Item. In case of establishment of the extent of need for change cash Belarusian rubles and (or) change cash foreign currency need of their safety and specifics of work of the legal entity, division, the individual entrepreneur who opened the current (settlement) bank account are considered.

The established extent of need for change cash Belarusian rubles and (or) change cash foreign currency is carried to each authorized person, including the cashier, in writing.

8. The procedure and terms of delivery of cash Belarusian rubles and (or) cash foreign currency for authorized persons (in need of cashiers) are established independently in writing by the legal entity, division, the individual entrepreneur who opened the current (settlement) bank account and are led up to each authorized person (in need of the cashier) in writing.

The procedure for delivery of cash Belarusian rubles and (or) cash foreign currency provides determination of the place and method of their delivery. Authorized persons, including cashiers, can hand over cash Belarusian rubles and (or) cash foreign currency in cash desks of the legal entity, division, the individual entrepreneur, to employees of service of collection, in the serving bank, its division, other bank or the different way established by the legislation, cash Belarusian rubles - in cash desks of objects of mail service of the national operator of mail service or according to the procedure, established in Item 50 of this Instruction.

Terms of delivery of cash Belarusian rubles and (or) cash foreign currency for authorized persons (in need of cashiers) are established proceeding from need of ensuring safety of cash Belarusian rubles and (or) cash foreign currency, but at least once in seven calendar days.

In case of approach of terms of delivery of the cash Belarusian rubles and (or) cash foreign currency established for authorized persons including cashiers, all cash Belarusian rubles and (or) cash foreign currency (except for the extent of need for change cash Belarusian rubles and (or) change cash foreign currency in case of its establishment) are given according to the procedure, established by independently legal entity, division, the individual entrepreneur who opened the current (settlement) bank account.

Chapter 2 Procedure and terms of delivery, cash disbursement of Belarusian rubles, determination of their remaining balance

9. The legal entities, divisions, individual entrepreneurs who opened current (settlement) bank accounts which have daily or permanent cash receipts of Belarusian rubles (more than five days in the previous calendar month) independently in writing determine procedure and terms of delivery of cash Belarusian rubles.

The procedure for delivery of cash Belarusian rubles provides determination of the place and method of their delivery. Cash Belarusian rubles can be handed over in bank, to employees of service of collection, in cash desks of objects of mail service of the national operator of mail service for the legal entities located in the rural zone, divisions, individual entrepreneurs who opened current (settlement) bank accounts or the different way established by the legislation.

The legal entities, divisions, individual entrepreneurs who are receiving cash Belarusian rubles in bank and the having other changeable cash receipts of Belarusian rubles (no more than five days in the previous calendar month), independently in writing determine remaining balance of cash Belarusian rubles, procedure and terms of their delivery and (or) terms of issue, except for terms of cash disbursement of Belarusian rubles on compensation, payment of grants, pensions, benefits, dividends, alimony.

10. The procedure and terms of delivery of cash Belarusian rubles are effective during the term established by the legal entity, division, the individual entrepreneur who opened the current (settlement) bank account.

The procedure and terms of delivery of cash Belarusian rubles can be reviewed by the legal entity, division, the individual entrepreneur who opened the current (settlement) bank account in case of change of amounts of cash turnovers and for other reasons.

In case of establishment of procedure and terms of delivery of cash Belarusian rubles need of timely cash receipt of Belarusian rubles in banks, ensuring their safety, specifics of work of the legal entity, division, the individual entrepreneur who opened the current (settlement) bank account is considered.

11. In case of approach of terms of delivery of the cash Belarusian rubles established by the legal entity, division, the individual entrepreneur who opened the current (settlement) bank account, cash Belarusian rubles which arrived in cash desk are given less remaining balance of cash Belarusian rubles (in case of its determination) and the extent of need for change cash Belarusian rubles (in case of its establishment), and also the cash Belarusian rubles which are subject to payment on making of current transactions only this day irrespective of time of delivery of cash Belarusian rubles.

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