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Ministry of Justice

Russian Federation

On August 4, 2020 No. 59168

INSTRUCTION OF CENTRAL BANK OF THE RUSSIAN FEDERATION

of April 30, 2020 No. 5452-U

About requirements to structure of information which is subject to disclosure by the central partner, procedure and terms of disclosure of the specified information and also on rules of provision of information by the central partner to participants of clearing

This Instruction based on Item 10 parts 2, parts 5 of Article 19 and Items 2 and 14 of part 1 of article 25 of the Federal Law of February 7, 2011 No. 7-FZ "About clearing, clearing activities and the central partner" (The Russian Federation Code, 2011, No. 7, Art. 904; 2017, No. 30, Art. 4456; 2018, No. 53, the Art. 8440) (further - the Federal Law "About Clearing, Clearing Activities and the Central Partner") determines requirements to structure of information which is subject to disclosure by the central partner, procedure and terms of disclosure of the specified information, and also rule of provision of information by the central partner to participants of clearing.

Chapter 1. Requirements to structure of information which is subject to disclosure by the central partner, procedure and terms of disclosure of the specified information

1.1. The central partner, in addition to information provided by Items 1 - 9 parts 2 of article 19 of the Federal law "About Clearing, Clearing Activities and the Central Partner" shall open information on the activities in the structure determined in the column 3 of lines 2.1 - 2.101 tables of appendix to this Instruction (further in case of joint mentioning - information on activities).

1.2. The central partner shall open information on activities in the separate Section of its official site on the Internet (further - the website) with indication of the code determined in column 2 of the table of appendix to this Instruction (if for the specified information on activities the code is provided in column 2 of the table of appendix to this Instruction), date and time of its disclosure, in time, determined in column 4 of the table of appendix to this Instruction.

1.3. The central partner within execution of requirements of part 1 of article 19 of the Federal law "About Clearing, Clearing Activities and the Central Partner" shall provide the round-the-clock access to acquaintance with information on activities to the unrestricted group of people, except for the periods of carrying out scheduled maintenance during which the website is not available to visit, within at least than three years from the date of disclosure of information on activities (further - information access about activities).

1.4. The information access about activities shall not be caused by requirements of registration of users of the website, or provision of personal data by them, and also collection of payment or other restrictions.

1.5. The central partner shall not perform enciphering of information on activities and (or) apply the remedies of information access about activities which are not allowing to perform acquaintance with it to the unrestricted group of people.

1.6. If information on activities according to appendix to this Instruction shall reveal in rubles or ruble equivalent, the specified ruble equivalent shall be calculated the central partner on the official rate of foreign currency established by the Bank of Russia according to Item 15 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; "The official Internet portal of legal information" (www.pravo.gov.ru), on April 3, 2020).

If the official rate of foreign currency in relation to ruble is not established by the Bank of Russia, the ruble equivalent shall be calculated the central partner on the rate calculated according to foreign currency quotations in the international foreign exchange markets or on the established Central (national) Bank performing issue of this foreign currency, to rate to any third currency which official rate in relation to ruble is established by the Bank of Russia.

1.7. In case of technical and other reasons as a result of which the information access about activities is stopped the central partner shall open on the website information on the reason, date and time of the specified termination, and also on expected date and time of renewal of information access on activities.

Chapter 2. Rules of provision of information by the central partner to participants of clearing

2.1. The central partner shall provide information to the participant of clearing based on request of the participant of the clearing about provision of information (further - request) containing the following data.

2.1.1. The information about the participant of clearing who sent inquiry to the central partner (full name, the address specified in the Unified State Register of Legal Entities (the address in country of incorporation (incorporation) if the participant of clearing is foreign legal entity), the primary state registration number (other identification number if the participant of clearing is foreign legal entity) and identification taxpayer number (in the presence).

2.1.2. Instruction on one of the following of the methods of provision by the central partner of information chosen by the participant of clearing: by means of the direction mail service of the registered mail with the assurance of receipt to the address of the participant of clearing specified in request for the direction of post correspondence; by means of the direction in electronic form to the e-mail address specified by the participant of clearing.

2.1.3. The address of the participant of clearing for the direction to it post correspondence (in case of the choice by the participant of clearing of mail service as method of provision of information based on request) or the e-mail address of the participant of clearing (in case of the choice by the participant of clearing of provision of information in electronic form as method of provision of information based on request).

2.1.4. The list of information requested by the participant of clearing with indication of for the period, for which (date as of which) by the central partner information based on request shall be provided.

2.1.5. Date of sending an inquiry.

2.2. The inquiry shall be sent by the participant of clearing by its choice on paper or in electronic form by the method allowing to confirm the fact and the date of receipt of request by the central partner.

In case of the direction the participant of clearing of request in electronic form, the request shall be signed by the digital signature according to requirements of the Federal Law of April 6, 2011 No. 63-FZ "About the digital signature" (The Russian Federation Code, 2011, No. 15, Art. 2036; 2016, No. 52, the Art. 7794) (further - the Federal Law "About the Digital Signature").

In case of the direction the participant of clearing of request on paper, the request shall be signed by the sole executive body (authorized by it person) of the participant of clearing.

If the request shall be signed by person authorized by sole executive body of the participant of clearing the document confirming powers of person signing request is attached to request.

2.3. The central partner shall submit to the participant of clearing information based on request no later than ten working days from the date of receipt of request by the central partner from the participant of clearing in time.

2.4. Information based on request shall be provided by the central partner on a grant basis, except as specified, when the specified information by day of sending an inquiry is opened by the central partner according to requirements of Chapter of 1 this Instruction. In the specified case provision by the central partner of information based on request shall be performed on paid basis on condition of establishment and disclosure by the central partner of rates for services in provision of information based on request.

2.5. The central partner shall provide information based on request in the form of the reply to the request containing the following data.

2.5.1. Full name of the participant of the clearing which sent inquiry to the central partner.

2.5.2. Information based on request with indication of the period, for which (date as of which) the central partner provides information based on request, in case of availability of the specified information at the central partner and also if its provision to the participant of clearing does not lead to violation of confidentiality of information of limited access.

2.5.3. Reasons for impossibility of provision of information (part of information) based on request if provision of information (part of information) based on request will lead to violation of confidentiality of information of limited access or in case of absence at the central partner of required information.

2.5.4. Date of the direction of reply to the request.

2.6. In case of provision by the central partner of reply to the request on paper, it shall be signed by the sole executive body of the central partner (authorized by it person). If reply to the request shall be signed by person authorized by sole executive body of the central partner the document confirming powers of person signing reply to the request is attached to reply to the request.

In case of provision by the central partner of reply to the request in electronic form, it shall be signed by the strengthened qualified digital signature of the central partner according to requirements of article 5 of the Federal law "About the Digital Signature" (The Russian Federation Code, 2011, No. 15, Art. 2036; 2016, No. 1, Art. 65).

2.7. If the request, reply to the request are provided in the form of electronic documents, they shall be provided in the form of files with the expansion providing possibility of their preserving on technical means and to allow after preserving possibility of search and copying of any fragment of the text of request, information based on request means for viewing.

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