RESOLUTION OF BOARD OF NATIONAL BANK OF THE REPUBLIC OF BELARUS

of September 13, 2022 No. 342

About approval of Rules of implementation of transactions with payment software application and other payment instruments

Based on subitems 3.3 and 3.4 of Item 3 of Article 4, of subitems 3.3 and 3.4 of Item 3 of Article 15, of subitem 2.5 of Item 2 of Article 26, of subitem 1.4 of Item 1 of Article 28, of subitem 1.5 of Item 1 of article 51 of the Law of the Republic of Belarus of April 19, 2022 "About payment systems and payment services" and parts one of article 39 of the Bank code of the Republic of Belarus the Board of National Bank of the Republic of Belarus DECIDES: No. 164-Z

1. Approve Rules of implementation of transactions with payment software application and other payment instruments (are applied).

2. This resolution becomes effective after its official publication.

Approved by the Resolution of Board of National Bank of the Republic of Belarus of September 13, 2022 No. 342

Rules of implementation of transactions with payment software application and other payment instruments

Chapter 1. General provisions

1. These rules determine:

procedure for issue (creation) for payment software application by banks and non-bank credit and financial organizations of the Republic of Belarus (further - banks);

procedure for issue (creation) for other payment instruments by the banks and issuers of payment instruments which are not banks;

procedure for distribution of payment software application and other payment instruments (further - payment instruments) the banks and issuers of payment instruments which are not banks;

compulsory provisions of the agreements signed by payment service providers with users of payment services (further - the user);

cases and procedure for blocking and unblocking by issuers of payment instruments (settlement center) of payment instruments;

cases in which the user has the right to require recognition of the committed payment transaction which is not authorized.

2. For the purposes of these rules treat payment instruments:

2.1. the payment instrument requiring opening and account management and carrying out settlement transactions on the payments accepted when using such payment instrument - payment software application. This payment instrument is emitted created) by banks and can provide issue and use of bank payment card;

2.2. other payment instruments, the opening and account management and carrying out settlement transactions except for requiring on the payments accepted when using such payment instruments. Such tools are emitted created) by the banks and issuers of payment instruments which are not banks and can provide use of bank payment card. Treats them:

payment mobile application - the means on the electronic medium of information (the mobile device) providing by means of software application of the supplier of payment service of initiation of payment forming and transfer of payment specifying (payment instruction) of the user for the purpose of payment implementation;

the payment instrument in the form of the software providing access to electronic money - the means on the electronic medium of information allowing to create payment specifying to the issuer of electronic money based on whom the holder of electronic money initiates payment and to transfer (to show) this payment specifying to the issuer of electronic money.

3. For the purposes of these rules following terms are used in the following values:

blocking of the payment instrument - action or set of the actions made with authentication data of the user as a result of which authentication data of the user and use of the payment instrument by it are blocked or removed becomes impossible;

use of the payment instrument - consecutive actions of the user with the payment instrument as a result of which access to the payment instrument and (or) actions by means of the payment instrument is provided. As a result of use of the payment instrument payment transaction of initiation of payment, transaction of issue and (or) cash deposit of money are performed and (or) information payment services can be rendered;

compromise of the payment instrument - availability (suspicion on availability) at any person who is not the user authentication data of the user and (or) action or set of actions with program or the program technical tool on the basis of which the payment instrument as a result of which (which) at the third party who is not the user can appear the possibility of illegal use of the payment instrument (plunder, loss, misappropriation, unauthorized use, etc.) (appears) functions. The list of cases of compromise of payment instruments is determined by settlement center;

provision of the payment instrument - the action or set of actions of the issuer of the payment instrument aimed at providing availability of the payment instrument to the user for the purpose of possibility of subsequent use of this payment instrument by it;

distribution of the payment instrument - the action or set of actions of the supplier of the payment instrument aimed at providing availability of the payment instrument to the potential user for the purpose of issue (creation) of this tool and its use for receipt of payment services according to the contract for rendering payment services. The information and communication circle in which distribution of the payment instrument is performed is determined by the issuer of the payment instrument;

the account - the bank account or the account intended for the cash accounting, attracted in contribution (deposit), or the account on accounting of the credit, implementation of payment on which is made by means of the information processing received from the payment service provider of initiation of payment, when implementing payment service of initiation of payment with use of the payment instrument, for banks (foreign banks) - the accounts intended for the cash accounting, placed in deposits (deposits) poste restante, or on other accounts poste restante;

the notification on authorization - the message sent by the payment service provider of initiation of payment to the user, confirmatory successful (unsuccessful) completion of payment service of initiation of payment with use of the payment instrument;

the check - information fixed in electronic form, including certain details, confirming successful (unsuccessful) completion of the transaction performed with use of the payment instrument;

the electronic channel of informing - the system of program and (or) technical means and the electronic circle of distribution of information intended for information transfer from the sender to the receiver.

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