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Ministry of Justice

Russian Federation

On November 6, 2019 No. 56434

INSTRUCTION OF CENTRAL BANK OF THE RUSSIAN FEDERATION

of September 20, 2019 No. 5263-U

About procedure for rendering by the Bank of Russia of services in transfer of electronic messages on financial transactions to the Russian legal entities

This Instruction according to Item 18.5 of Article 4, part one of article 46.1 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, Art. 4852; No. 32, Art. 5115; No. 49, Art. 7524; No. 53, Art. 8411, Art. 8440; 2019, No. 6, Art. 463; No. 18, Art. 2198; No. 23, Art. 2921; No. 27, Art. 3538; No. 29, Art. 3857; No. 30, Art. 4150; No. 31, of the Art. 4423) establishes procedure for rendering by the Bank of Russia of services in transfer of electronic messages on financial transactions to the Russian legal entities.

1. The Bank of Russia renders services in transfer of electronic messages in financial transactions (further - financial messages) with use of system of transfer of financial messages of the Bank of Russia (further - SPFS) based on the agreements providing conditions of rendering services in transfer of financial messages and signed by the Bank of Russia with the Russian legal entities (further - users of SPFS), according to this Instruction.

2. Transfer of financial messages with use of SPFS is performed according to the Album of the unified formats of electronic bank messages, stipulated in Item 5.2 Provisions of the Bank of Russia of July 6, 2017 No. 595-P "About payment system of the Bank of Russia", No. registered by the Ministry of Justice of the Russian Federation on October 6, 2017 48458, on December 5, 2018 No. 52892, on August 15, 2019 No. 55630.

3. For identification of users of SPFS and transfer of financial messages information from the Reference book of users of system of transfer of financial messages which is the information database of the Bank of Russia containing the information about users of SPFS is used (further - the Reference book of users of SPFS).

4. For the purpose of the conclusion of the agreement providing conditions of rendering services in transfer of financial messages, the Russian legal entities represent to the Bank of Russia (territorial office of the Bank of Russia in the place of the stay) the statement for inclusion in the Reference book of users of SPFS which recommended sample is given in appendix to this Instruction.

5. The Bank of Russia in time which is not exceeding 30 calendar days from the date of obtaining from the Russian legal entity of the statement for inclusion in the Reference book of users of SPFS reports to the applicant about readiness to include the Russian legal entity in the Reference book of users of SPFS. After the conclusion of the agreement providing conditions of rendering services in transfer of financial messages, the Russian legal entity joins in the Reference book of users of SPFS.

6. When rendering services in transfer of financial messages the Bank of Russia performs:

control of integrity and authenticity of the financial message;

identification of the sender of the financial message;

structural control of the financial message;

control of possibility of transfer of the financial message based on information on the sender, the receiver and format of the financial message containing in the Reference book of users of SPFS;

the direction of the notification on results of the control of the financial message and on sending the financial message provided by this Item to the receiver.

7. Rendering services in transfer of financial messages stops and resumed according to the statement of the user of SPFS, and also in the cases provided by the agreement containing conditions of rendering services in transfer of financial messages.

The basis for the termination of rendering services in transfer of financial messages is termination of the contract, the containing condition of rendering services in transfer of financial messages.

The basis for the termination of rendering services in transfer of financial messages of credit institution (its branch) is also the withdrawal (cancellation) of the license for banking operations. For branches of credit institutions the basis for the termination of rendering services in transfer of financial messages is also closing of branch of credit institution.

8. This Instruction becomes effective after 10 days after day of its official publication.

9. From the date of entry into force of this Instruction to declare invalid the Instruction of the Bank of Russia of October 5, 2015 No. 3814-U "About procedure for rendering by the Bank of Russia of services in transfer of financial messages to credit institutions and their clients - to legal entities", registered by the Ministry of Justice of the Russian Federation on November 27, 2015 No. 39876.

Chairman of the Central bank of the Russian Federation

E. S. Nabiullina

Appendix

to the Instruction of the Bank of Russia of September 20, 2019 No. 5263-U "About procedure for rendering by the Bank of Russia of services in transfer of electronic messages on financial transactions to the Russian legal entities"

Recommended sample

 

                                             To the head of territorial

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