Document from CIS Legislation database © 2003-2020 SojuzPravoInform LLC

PRESIDENTIAL DECREE OF THE REPUBLIC OF BELARUS

of April 29, 2020 No. 150

About account transactions

For the purpose of enhancement of the relations when implementing account transactions I decide:

1. Account account transactions, including to accounts on accounting of deposits (deposits), e-wallets stop during the action which is available (available) in bank or the non-bank credit and financial organization (further - bank):

the resolution (determination) on seizure of the money which is on accounts, in bank deposits (deposits) (further - money), electronic money, accepted (taken out) by the body (official) authorized according to legal acts (further - the resolution on seizure);

decisions (resolution) on suspension of account transactions, including to accounts on accounting of deposits (deposits), e-wallets accepted (taken out) by the body (official) authorized according to legal acts (further - the decision on suspension of transactions).

In case of availability in bank only resolutions on seizure with indication of the amount which it is seized, or decisions on suspension of transactions with indication of the amount within which transactions are suspended, account account transactions including to accounts on accounting of deposits (deposits), e-wallets stop within the specified amounts.

2. Action of Item 1 of this Decree does not extend to carrying out:

2.1. account transactions at the expense of money, electronic money of the payer *, the payments connected with execution of payment instructions by bank on transfer (collection) in the budget **;

______________________________

* Payers for the purposes of this Decree are understood as the legal entities including performing execution of their monetary commitments branches, representations and other separate divisions of legal entities, the organizations not being legal entities, and also physical persons, including individual entrepreneurs.

** Republican and local budgets, including state trust budget funds, and also budgets of state non-budgetary funds.

2.2. account transactions at the expense of money, electronic money of the debtors connected with execution of payment requests by bank on the basis:

decisions of tax or customs authority on tax collection, charges (duties), penalty fee;

orders of the Ministry of Finance, its territorial authorities or financial managements (departments) of local executive and administrative organs on recovery by enforcement of money;

resolutions of city, district and district departments (sectors) in the cities regional, Minsk city Social Security Fund of the population of the managements of the Ministry of Labour and Social Protection about indisputable collection of shortage added by penalty fee in the budget of state non-budgetary fund of social protection of the population of the Republic of Belarus (further - the budget of fund);

resolutions of legal executives in case of money recovery in the budget *, including the budget of fund, the amounts for the requirements following from employment legal relationship, the amounts of indemnification, the citizen caused to life or health, the amounts in case of loss of the supporter for requirements about payment of award, requirements about compensation of the damage caused by crime or administrative offense and also moral harm.

The account transactions specified in part one of this subitem are performed in case of absence in bank of the decision on suspension of transactions made by body of the State Control Committee, or the resolution on seizure.

In the presence of the decision on suspension of transactions made by body of the State Control Committee, or the resolution on seizure the account transactions specified in part one of this subitem are performed with the permission of body (official) who made (passed) such decision (resolution);

______________________________

* Republican and local budgets, including state trust budget funds, and also budgets of state non-budgetary funds.

2.3. account transactions on the payments which are actually made before date and time of receipt in bank of the resolution on seizure and (or) decisions on suspension of transactions:

through system of instant payments;

by means of direct debiting of the account;

when using bank payment cards;

when making transactions with electronic money;

2.4. other account transactions which are not provided in subitems 2.1-2.3 of this Item in the presence of permissions to carrying out such transactions of all bodies (officials) who made (passed) decision on suspension transactions or the resolution on seizure.

3. Permission to carrying out account account transactions, including is issued to accounts on accounting of deposits (deposits), e-wallets (further - permission) by body (official) who made (passed) the decision on suspension of transactions or the resolution on seizure based on the written application:

person, the representative to dispose of money, electronic money, or the claimant performing according to the legal act money recovery, electronic money in indisputable procedure;

the authorized officer of bank - in case of return of money, the electronic money enlisted as a result of technical mistake of bank into the account, including the account on accounting of deposits (deposits) to e-wallet of the inadequate receiver, or in the amount exceeding specified in the payment instruction.

The statement provided in part one of this Item shall contain:

the list of account transactions on which carrying out permission is requested;

the amount (size) of each account transaction on which carrying out permission is requested;

the bank name and its bank identification code, account number, including accounts on accounting of deposits (deposits), e-wallet from which account operations will be performed.

The documents confirming need of carrying out account transaction shall be attached to the statement specified in part one of this Item.

Permission shall contain the following obligatory details:

the list of the permitted account transactions;

amount (size) of each account transaction;

the bank name and its bank identification code, account number, including accounts on accounting of deposits (deposits), e-wallet from which account operations will be performed.

Permission or motivated refusal in its issue goes to the person who submitted the application for receipt of permission within ten working days from the date of receipt of such statement if other term is not established by legal acts.

Banks perform payment instructions on implementation of payments based on permissions:

provided by person, the representative to dispose of money, electronic money;

the provided claimant performing according to the legal act money recovery, electronic money in indisputable procedure;

the money received by banks in need of return, electronic money enlisted as a result of technical mistake of bank into the account, including the account on accounting of deposits (deposits) in e-wallet of the inadequate receiver, or in the amount exceeding specified in the payment instruction.

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