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Ministry of Justice

Russian Federation

On February 3, 2020 No. 57403

INSTRUCTION OF CENTRAL BANK OF THE RUSSIAN FEDERATION

of December 23, 2019 No. 5365-U

About procedure of control by the operator on money transfer behind activities of bank payment agents

(as amended of the Instruction of the Central bank of the Russian Federation of 30.06.2023 No. 6479-U)

Based on part 13 of article 14.2 of the Federal Law of June 27, 2011 No. 161-FZ "About national payment system" (The Russian Federation Code, 2011, No. 27, Art. 3872; 2019, No. 27, of the Art. 3538) (further - the Federal Law No. 161-FZ) this Instruction establishes procedure of control by the operator on money transfer behind activities of bank payment agents.

1. The operator on money transfer exercises control of observance by bank payment agents of the conditions of their attraction established by articles 14 and 14.1 of the Federal Law No. 161-FZ (The Russian Federation Code, 2011, No. 27, Art. 3872; 2019, No. 27, the Art. 3538), requirements of the legislation of the Russian Federation about counteraction of legalization (washing) of income gained in the criminal way and to terrorism financing (further - the legislation on POD/FT), conditions of prisoners the bank payment agents performing transactions of the payment aggregator with legal entities, individual entrepreneurs, other persons specified in part 13 of article 14.1 of the Federal Law No. 161-FZ, agreements on acceptance of electronic instruments of payment and (or) on participation in money transfer (further - control).

2. In case of control the operator on money transfer shall provide:

documentary fixation on paper and (or) in electronic form results of control, including information on the elicited facts of non-compliance with their attraction by bank payment agents of conditions determined by articles 14 and 14.1 of the Federal Law No. 161-FZ, requirements of the legislation on POD/FT, conditions of agreements on acceptance of electronic instruments of payment and (or) about participation in money transfer (further - violations);

bringing to bank payment agents of information on the violations allowed by them no later than 30 calendar days from the date of their detection with indication of the term during which these violations shall be eliminated;

monitoring of elimination by bank payment agents of the violations allowed by them.

3. For the purpose of control regarding observance by bank payment agents of requirements of Item 3 of part 3 and part 4.1 of article 14 of the Federal Law No. 161-FZ the operator on money transfer shall provide:

the direction of requests to bank payment agents for receipt from them of information on all special bank accounts, the stipulated in Item 3 parts 3 of article 14 of the Federal Law No. 161-FZ opened for bank payment agents for the purposes of implementation of activities on behalf of the operator for money transfer, the statements according to the specified special bank accounts and also necessary for the operator on money transfer for control of copies of source accounting documents;

carrying out information analysis, containing in the statements received at the request of the operator on money transfer according to special bank accounts of bank payment agents, stipulated in Item 3 parts 3 of article 14 of the Federal Law No. 161-FZ, copies of source accounting documents.

4. For the purpose of control regarding observance by bank payment agents of the requirements provided by Items 1 and 3 of part 5 of article 14.1 of the Federal Law No. 161-FZ, the operator on money transfer has the right to attract the organizations having the license for activities for technical protection of confidential information and (or) for activities for development and production of remedies of confidential information.

5. Within control regarding completeness and timeliness of implementation of money transfer to legal entities, individual entrepreneurs, other persons, specified in part 13 of article 14.1 of the Federal Law No. 161-FZ, based on the bank payment agents performing transactions of the payment aggregator, the agreements on acceptance of electronic instruments of payment and (or) on participation in money transfer the operator on money transfer signed with them shall carry out information analysis about quantity and transfer amount of the money performed from the special bank account of the bank payment agent provided by part 6 of article 14.1 of the Federal Law No. 161-FZ on transactions with use of electronic instruments of payment by legal entities, individual entrepreneurs, other persons specified in part 13 of article 14.1 of the Federal Law No. 161-FZ for benefit of which money was transferred regarding its compliance to the data on such transactions received from other operators on money transfer based on the agreements signed with them and also within payment systems, foreign payment service providers which member is the operator on money transfer.

6. For the purpose of control regarding observance by bank payment agents of requirements of the legislation on POD/FT the operator on money transfer shall:

carry out scheduled inspections of activities of bank payment agents at least 1 time a year;

carry out unscheduled inspections of activities of bank payment agents in the presence of information on implementation by the bank payment agents involved with them bank payment subagents of the transactions having the tangled or unusual nature testimonial of lack of common economic intendment or the obvious legal purpose no later than 20 working days from the moment of receipt of such information;

in the presence of information on implementation by the bank payment agent, the bank payment subagents of the transactions having the tangled or unusual nature testimonial of lack of common economic intendment or the obvious legal purpose attracted with it and also in other cases which are independently determined by the operator by money transfer to perform monitoring of the transactions of the bank payment agent attracted with it bank payment subagents including taking into account the available information on cash flow on the special bank accounts opened to the bank payment agent, stipulated in Item 3 parts 3 of article 14 of the Federal Law No. 161-FZ, and information containing in the copies of source accounting documents received from it.

7. The operator on money transfer for the purpose of control shall develop the internal documents containing the following information:

information on the control forms used by the operator on money transfer to which carrying out scheduled and (or) unscheduled inspections of activities of bank payment agents belongs and also can belong receipt of reports of bank payment agents on paper and (or) in electronic form and other forms of control;

procedure for use by the operator on money transfer of forms of control, including procedure for conducting checks of activities of bank payment agents;

procedure for maintaining by the operator on money transfer and maintenance in urgent condition of the list of the involved bank payment agents and bank payment subagents attracted with them;

procedure for documentary fixation on paper and (or) in electronic form information on the revealed violations allowed by bank payment agents;

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