RESOLUTION OF BOARD OF NATIONAL BANK OF THE REPUBLIC OF BELARUS

of September 9, 2024 No. 284

About implementation of consulting and information services, activities within partner agreements on cooperation

Based on paragraphs of the sixth and thirtieth 14, of the paragraph of third Article parts six 34, 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: Article parts five

1. Approve the Instruction about implementation by banks and non-bank credit and financial organizations of consulting and information services, activities within partner agreements on cooperation it (is applied).

2. This resolution becomes effective in six months after its official publication.

Approved by the Resolution of Board of National Bank of the Republic of Belarus of September 9, 2024 No. 284

The instruction about implementation by banks and non-bank credit and financial organizations of consulting and information services, activities within partner agreements on cooperation

Chapter 1. General provisions

1. This Instruction establishes for banks, the non-bank credit and financial organizations (further - banks) procedure of consulting and information services, the directions of cooperation, procedure and conditions of implementation by banks of the activities within partner agreements on cooperation with legal entities and physical persons connected with banking operations.

Action of this Instruction does not extend to the relations:

on implementation by banks as insurance agents on behalf of insurance company of intermediary activities for insurance based on the civil agreement;

the Republic of Belarus regulated by the Law of April 19, 2022 No. 164-Z "About payment systems and payment services".

2. For the purposes of this Instruction the following terms and their determinations are used:

2.1. banking services - services in implementation of banking activities by bank, and also the types of activity determined by part five of article 14 of the Bank code of the Republic of Belarus;

2.2. information services - the services in search, obtaining, transfer, collection, processing, accumulating, storage, distribution and (or) provision, information security rendered to clients of bank in connection with rendering banking services;

2.3. consulting services - services in provision to clients of bank of explanations, recommendations and other forms of consultations concerning the banking services provided by bank;

2.4. the partner agreement on cooperation - the agreement which subject is implementation by bank of the activities connected with sales of goods (works, services), other objects of the civil laws by his resident partners and also with rendering of services by his nonresident partners in the directions specified in Item 7 of this Instruction;

2.5. partners of bank - legal and (or) physical persons, including individual entrepreneurs with whom the bank signed partner agreements on cooperation.

The terms "nonresident" and "resident" are used in the values determined respectively in subitems 1.10 and 1.11 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".

Chapter 2. Procedure of consulting and information services

3. Consulting and information services can be banks in oral or written form, including by use of electronic or other communication, information networks (systems) or program and (or) technical means, taking into account requirements of the legislation on information, informatization and information security, including about personal data.

4. The bank estimates the risks arising when rendering consulting and information services including operational risk, including legal risk, risk in the sphere of information technologies (IT risk) and risk of information security, risk of loss of goodwill of bank (reputation risk), according to local legal acts of bank taking into account requirements of the regulatory legal acts of National Bank regulating questions of corporate management.

5. Consulting services are banks to physical persons, except for individual entrepreneurs, without the conclusion of the agreement and without collection of remuneration (payment) from physical persons.

Chapter 3. The directions of cooperation, procedure and conditions of implementation of activities within partner agreements on cooperation

6. When implementing activities within partner agreements on cooperation the bank provides observance of the following main conditions (principles):

first priority of implementation of banking activity in relation to activities within partner agreements on cooperation;

priority of interests of the client of bank to which the bank in addition to banking activity gives opportunity to get acquainted with goods (works, services), other objects of the civil laws of partners of bank;

improvement of quality of rendering banking services for the client of bank;

risk minimization of bank when rendering banking services;

obligation of the conclusion of the agreement on cooperation between bank and its partner;

obligation of the conclusion of the contract for sales of goods (works, services), other objects of the civil laws between the partner of bank and the client of bank;

obligation of informing the client of bank that under the contract for sales of goods (works, services) signed between the partner of bank and the client of bank, other objects of the civil laws the bank does not assume the rights and (or) obligations and does not bear responsibility for its execution.

7. Activities within partner agreements on cooperation are performed by bank in the directions caused by implementation of the following banking activities:

attraction of money of physical and (or) legal entities into accounts and (or) in deposits (deposits);

placement of borrowed funds on its own behalf and at own expense on the terms of recoverability, the paid nature and urgency (including loan granting);

opening and maintaining bank accounts of physical and (or) legal entities;

implementation of settlement and (or) bank cash servicing of physical and (or) legal entities;

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