INSTRUCTION OF CENTRAL BANK OF THE RUSSIAN FEDERATION

of June 20, 2023 No. 6454-U

About requirements to working experience and qualification requirements to which there shall correspond persons specified regarding the 2nd article 6 of the Federal Law of February 7, 2011 to No. 7-FZ "About clearing, clearing activities and the central partner" and parts 2 of article 6 of the Federal Law of November 21, 2011 No. 325-FZ "About the organized biddings"

This Instruction based on part 2 of article 6 of the Federal Law of February 7, 2011 No. 7-FZ "About clearing, clearing activities and the central partner", parts 2 of Article 6 and Item 20 of part 1 of article 25 of the Federal Law of November 21, 2011 No. 325-FZ "About the organized biddings" establishes requirements to working experience and qualification requirements to which shall correspond person performing functions of sole executive body of the clearing organization (the organizer of trade), members of collegiate executive body of the clearing organization (the organizer of trade), the head of branch of the clearing organization (the organizer of trade), the official or the head of the separate structural division responsible for the organization of risk management system of the clearing organization, the official responsible for the organization of risk management system (the head of separate structural division, responsible for the organization of risk management system) the organizer of trade, the head of service of internal audit of the clearing organization (the organizer of trade), the controller (head of internal control) of the clearing organization (the organizer of trade), the head of the structural unit of the clearing organization created for clearing implementation, the head of the structural unit of the organizer of trade created for implementation of activities for carrying out the organized biddings.

Chapter 1. Requirements to working experience to which there shall correspond persons specified regarding the 2nd article 6 of the Federal Law of February 7, 2011 to No. 7-FZ "About clearing, clearing activities and the central partner" and parts 2 of article 6 of the Federal Law of November 21, 2011 No. 325-FZ "About the organized biddings"

1.1. Person performing functions of sole executive body of the clearing organization, the organizer of trade (except for trade system, the rendering service in carrying out the organized biddings only in the goods market which cumulative annual trading volume in all trade sections the last working day of every quarter does not exceed 50 billion rubles (further - commodity trade system) there shall correspond at least than one of the following requirements to working experience:

implementation of functions of sole executive body, his deputy, member of collegiate executive body of credit institution, the legal entity performing one or several types of activity specified in part one of article 76.1 of the Federal Law of July 10, 2002 to No. 86-FZ "About the Central bank the Russian Federation (Bank of Russia)" (further - the Federal Law No. 86-FZ), except for activities of pawnshop (further - not credit financial credit institution), the legal entity specified in part two of article 76.9-5 of the Federal Law No. 86-FZ, except for to bureau of credit histories (further - person rendering professional services in the financial market), the union (association) of credit institutions, self-regulatory organization in the sphere of the financial market at least two years;

implementation of functions of sole executive body, his deputy, member of collegiate executive body of the foreign bank or the foreign legal entity performing according to the personal law of function, similar to functions of the central partner, the clearing organization, the organizer of trade (further - the foreign financial organization), at least two years;

implementation of functions of the head of department or other division of credit institution (foreign bank) connected with banking operations, department or other division of non-bank credit institution - the central partner (non-bank credit institution - the central depositary) connected with implementation of activities in the financial market, department or other division of not credit financial credit institution (the foreign financial organization) connected with implementation of activities in the financial market, department or other division of the person rendering professional services in the financial market, connected with rendering professional services in the financial market, at least two years;

implementation of functions of sole executive body, his deputy, member of collegiate executive body of the organization which is performing activities in the field of information technologies and having the state accreditation received according to the procedure established by the order of the Government of the Russian Federation of September 30, 2022 No. 1729 "About approval of the Regulations on the state accreditation of the Russian organizations performing activities in the field of information technologies" (further - the organization performing activities in the field of information technologies), or the head of department or other division of the organization performing activities in the field of information technologies, or credit institution, not credit financial credit institution, the person rendering professional services in the financial market, connected with implementation of activities in the field of information technologies, at least two years;

implementation of functions of the head or deputy manager of federal executive body or public authority of foreign state - the member of the Eurasian Economic Union, public authority of the subject of the Russian Federation, the Chairman of Audit Chamber of the Russian Federation or his deputy, the auditor of Audit Chamber of the Russian Federation, the Chairman of the Bank of Russia or his deputy, the head or the deputy manager of structural division of the Bank of Russia performing functions of bank regulation and (or) banking supervision, regulation, control and supervision in the sphere of the financial markets, the head or the deputy manager of the state corporation, state-owned company or the public company or the head or the deputy manager of structural division of the state corporation state-owned company or the public company (if the management of the division connected with banking operations and (or) activities in the financial market entered job responsibilities of the head or deputy manager of such corporation or company or the head or deputy manager of structural division of such corporation or company) at least two years.

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