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RESOLUTION OF BOARD OF NATIONAL BANK OF THE REPUBLIC OF BELARUS

of March 29, 2001 No. 63

About approval of the Instruction about procedure for carrying out calculations from accounts, from e-wallets in the priority established by the legislation

(as amended on 27-09-2023)

Based on the paragraph of the twentieth 26, Article parts one 39, parts three of article 232 of the Bank code of the Republic of Belarus the Board of National Bank of the Republic of Belarus DECIDES: Articles

1. Approve the Instruction about procedure for carrying out calculations from accounts, from e-wallets in the priority established by the legislation it (is applied).

2. Recognize invalid:

the resolution of Board of National Bank of the Republic of Belarus of August 21, 2000 No. 20.1g "About approval of the Instruction about the organization of execution of payments in the priority established by the legislation" (The national register of legal acts of the Republic of Belarus, 2000, No. 85, 8/3951);

the resolution of Board of National Bank of the Republic of Belarus of October 25, 2000 No. 28.8 "About entering of amendment into the Instruction about the organization of execution of payments in the priority established by the legislation approved by the resolution of Board of National Bank of the Republic of Belarus of August 21, 2000 No. 20.1g" (The national register of legal acts of the Republic of Belarus, 2000, No. 114, 8/4380);

the resolution of the Board of directors of National Bank of the Republic of Belarus of October 11, 1999 No. 30.2g "About approval of the Explanation about priority of correction of the wrong records on customer accounts allowed because of employees of banks" (The national register of legal acts of the Republic of Belarus, 1999, No. 87, 8/1206).

Chairman of the board

P.P.Prokopovich

Approved by the Resolution of Board of National Bank of the Republic of Belarus of March 29, 2001 No. 63

The instruction about procedure for carrying out calculations from accounts, from e-wallets in the priority established by the legislation

Chapter 1. General provisions

1. This Instruction regulates procedure for carrying out calculations from accounts, from the e-wallets opened by the legal entities, their branches, representations and other separate divisions having separate balance, the organizations not being the legal entities, notaries performing notarial activities in notarial bureau, individual entrepreneurs (further – the economic actor), physical persons in banks, the non-bank credit and financial organizations (further – bank), in the priority established by the legislation including feature of registration (forming) and execution of payment instructions, statements on receipt of cash Belarusian rubles and statements on receipt of cash foreign currency (further – the statement on receipt of cash).

This Instruction is applied to carrying out calculations from the accounts opened in "Development Bank of the Republic of Belarus" open joint stock company, in the limits set by legal acts.

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

restriction of transactions – suspension of account account transactions (e-wallet) and (or) seizure of money (electronic money) which are on the account (in e-wallet);

payments on account of urgent needs – account transactions on payments, the provided in paragraph four of part one of subitem 2.1 of Item 2 of the Regulations on procedure of clearing settlements from accounts (from e-wallets) in the territory of the Republic of Belarus approved by the Presidential decree of the Republic of Belarus of December 2, 2021 No. 462;

account transaction – payment transaction on cash write-off from the account, electronic money from e-wallet, cash disbursement of money;

the special account (sub-account) – the current (settlement) bank account with the special mode of functioning opened according to the legal act;

the current account – the current (settlement) bank account in Belarusian rubles or foreign currency, access to which is provided without use of bank payment card of the economic actor, including the account on accounting of means of budgets and the account opened for state-financed organization for accounting of means from the activities which are bringing in incomes if other is not established by this Instruction.

The terms "anti-recessionary managing director", "debtor" are used in the values determined respectively in Items 3 and 8 of article 1 of the Law of the Republic of Belarus of December 13, 2022 No. 227-Z "About insolvency settlement".

The terms "claimant", "payment instruction", "payment transaction", "payer", "receiver of payment (beneficiary)", "electronic money", "e-wallet" are used in the values determined respectively in subitems 1. 7, 1.19, 1.26 and 1.27 Items 1 of Article 2, Item 2 of Article 44, Items 1 and 2 of article 48 of the Law of the Republic of Belarus of April 19, 2022 No. 164-Z "About payment systems and payment services".

The terms "money", "worker" are used in the values determined respectively in paragraphs the second, thirteenth part one of Item 2 of the Instruction on procedures for conducting cash transactions and payments with cash approved by the resolution of Board of National Bank of the Republic of Belarus of March 19, 2019 No. 117.

The term "documents in electronic form" is used in value, certain in paragraph seven of part one of Item 2 of the Instruction on use of software and hardware and technologies, holding procedures of remote identification, remote updating (updating) approved by the resolution of Board of National Bank of the Republic of Belarus of September 19, 2019 No. 379.

The term "foreign currency" is used in the value determined in subitem 1.8 of Item 1 of 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 "payments in the budget", "account" are used in the values determined respectively in Items 7 and 9 of appendix 1 to the Presidential decree of the Republic of Belarus of December 2, 2021 No. 462 "About features of implementation of calculations".

The term "electronic document" is used in the value determined in the paragraph the sixteenth article 1 of the Law of the Republic of Belarus of December 28, 2009 No. 113-Z "About the electronic document and the digital signature".

3. Execution of payment instructions and statements on receipt of cash according to the payment priority established by legal acts is provided by means of specifying of payment priority symbol in them (payment precedence code) according to the list of symbols of payment priority (payment precedence codes) according to appendix.

The payment priority symbol (payment precedence code) is specified the payer, the receiver of payment (beneficiary), the claimant in the corresponding details of payment instructions, statements receipt of cash.

4. The payment instructions, statements on receipt of cash having identical symbol of payment priority (payment precedence code) are performed by bank from current accounts according to the procedure of their calendar receipt in bank if other is not established by legal acts, taking into account date and time of their receipt.

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