RESOLUTION OF BOARD OF NATIONAL BANK OF THE REPUBLIC OF BELARUS

of December 15, 2023 No. 453

About unauthorized transfers of money (electronic money)

Based on subitem 2.5 of Item 2 of article 41 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. Determine that:

1.1. signs of making of money transfer (electronic money) without the consent of the user of payment service (further - signs of unauthorized transfer) are:

discrepancy of parameters of the initiated payment as a result of which money (electronic money) is transferred (further - the translation on payment) to parameters of the translations on the payments which are usually initiated by the user of payment service and (or) nature of the activities performed by this user of payment service (time (put), the place of initiation of payment, the device (the payment instrument, payment service) by means of which it is performed (is initiated) payment, and its technical parameters, transfer amount on payment, frequency (frequency) of initiation of payments, the receiver of money (electronic money));

coincidence of information on the receiver of money (electronic money) containing in the payment instruction (payment specifying) to information on the receiver of money (electronic money) on payment and attempts of initiation of payments received from the automated system of processing of incidents of National Bank;

coincidence of information on technical parameters of devices by means of which access to the automated system, the software of the financial organization for the purpose of implementation (initiation) of the translation for payment, with information on technical parameters of devices with which use access to the automated system, the software of the financial organization for the purpose of implementation (initiation) of the translation for payment and attempts of initiation of payments received from the automated system of processing of incidents of National Bank was provided earlier is provided.

On the basis of the analysis of nature, and (or) parameters, and (or) amounts of the translations determines procedures of identification of signs of unauthorized transfer by the payments which are usually initiated by the user of payment service, and also information on technical parameters of devices by means of which these payments are made the financial organization in local legal acts;

1.2. in case of identification of the signs of unauthorized transfer listed in paragraphs the second or fourth to part one of subitem 1.1 of this Item, suspension of the translation on payment of the user of payment service is performed by the financial organization which signed the contract for rendering payment services with this user of payment service in the following procedure:

if technically possible execution of the payment instruction (payment specifying) stops for the term of no more than two working days (without day of initiation of the translation on payment) with informing on it the user of payment service and when obtaining from the user of payment service in the specified time and according to the procedure, established by the financial organization, confirmations of initiation of the translation by it on payment execution of the payment instruction (payment specifying) is resumed;

in the absence of technical capability of implementation of the actions provided in the paragraph the second this subitem, or in case of obtaining according to the procedure and term, specified in the paragraph the second this subitem, from the user of payment service of refusal by it on payment or non receipt of confirmation of initiation by the user of payment services of the translation on payment the financial organization refuses confirmation of initiation of the translation performed by the payment instruction (payment specifying) and informs on it the user of payment service according to the procedure, established by the financial organization.

2. This resolution becomes effective since March 1, 2024.

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