RESOLUTION OF BOARD OF NATIONAL BANK OF THE REPUBLIC OF BELARUS

of September 12, 2022 No. 339

About change of the resolution of Board of National Bank of the Republic of Belarus of March 29, 2001 No. 66

Based on the paragraph of the twenty first 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. To be reworded as follows the instruction about bank transfer approved by the resolution of Board of National Bank of the Republic of Belarus of March 29, 2001 No. 66, it (is applied).

2. This resolution becomes effective in month after its official publication.

 

Approved by the Resolution of Board of National Bank of the Republic of Belarus of March 29, 2001 No. 66
(in edition of the Resolution of Board of National Bank of the Republic of Belarus of September 12, 2022 No. 339)

The instruction about bank transfer

Section I. General provisions

Chapter 1. General requirements to implementation of bank transfer. Terms and determinations

1. This Instruction determines procedure of bank transfer in Belarusian rubles and foreign currency.

2. For the purposes of this Instruction the terms below are used in the following values:

the advice – the message of corresponding bank to bank confirming transfer of money into the account (credit advice), the message of corresponding bank to bank confirming cash write-off from the account (debit advice). The statement from the account is considered as the advice including information on transfer of money into the account and (or) cash write-off from the account for certain period;

bank – the bank and the non-bank credit and financial organization created according to the legislation of the Republic of Belarus, "Development Bank of the Republic of Belarus" open joint stock company, National Bank;

bank transfer – the sequence of the transactions performed by banks, foreign banks for the purpose of execution of the payment instructions and payment instructions of their clients. To bank transfer transactions on cash deposit of money in cash desk of bank do not treat with subsequent their transfer into the account opened in the same bank;

bank of the claimant – the bank servicing the claimant;

corresponding bank – bank or foreign bank with which at bank sender, payee bank correspondence relations are established;

bank sender (payer bank) – the bank or foreign bank servicing the payer;

bank receiver (bank of the beneficiary) – the bank or foreign bank servicing the beneficiary;

the beneficiary – the client of bank (foreign bank) for benefit of whom bank transfer is made. The bank (foreign bank), the payment service provider which is not bank (foreign bank) and providing services in receipt of the money intended to the actual beneficiary, the other person given the legislation the right to the money intended to the actual beneficiary can be the beneficiary on bank transfer;

the claimant – the client, person authorized by him, the authorized bodies initiating collection in indisputable procedure for the money which is on accounts of payers (the electronic money which is in e-wallets) according to the legislation. The bank, the payment service provider which is not bank and also the claimant of the nonresident can be the claimant;

the claimant of the nonresident – the person who is not the payment service provider, having the bank account and authorized by the nonresident who does not have accounts in banks to initiate collection in indisputable procedure for money from accounts (electronic money from e-wallets) clients of the banks which are debtors of the nonresident according to executive documents and their transfer for benefit of the nonresident;

interstate bank transfer – the bank transfer made between banks without participation of foreign banks including if the bank sender and bank receiver match in one person;

value date – date with which the cash amount is not at the disposal of the account holder (in case of cash write-off from its account) or date with which the cash amount is at the disposal of the account holder (in case of transfer of money into its account);

debit transfer – the type of bank transfer performed at the initiative of the beneficiary by means of direct debiting of the account;

money (currency) – Belarusian rubles and (or) foreign currency;

the initiator of bank transfer – the client of bank (bank) who drew up (created) the payment instruction on money transfer by means of bank transfer;

executive documents – the documents determined in part one of Item 9 of the Presidential decree of the Republic of Belarus of October 16, 2018 No. 414 "About enhancement of clearing settlements" according to which according to legal acts collection in indisputable procedure for money from accounts (electronic money from e-wallets) clients of banks is performed;

the client – person receiving services of bank in implementation of bank transfer and (or) receipt of money in bank transfer (the legal entity (the representation, branch or other separate division of the legal entity given the legal entity appropriate authority on the order money on the account), the organization, not being the legal entity (further – the legal entity), the individual entrepreneur, the notary, physical person). The corresponding bank, the payment service provider which is not bank, other authorized person can be the client of bank;

clearing transfer – the interbank transfer made on the basis of clearing according to interbank corresponding agreements (agreements);

the clearing account – the account in which bank transactions on clearing transfers are reflected;

the copy of the document – the duplicate of the document processed on paper or the form of external submission of the electronic document (the electronic message) reproduced on paper;

correspondence relations – the relations between banks (between bank and foreign bank) performed according to the interbank corresponding agreement (agreement) signed between them;

correspondent account – the account opened by one bank for other bank (foreign bank) for implementation of interbank transfers according to the interbank corresponding agreement (agreement);

credit transfer – the type of bank transfer performed at the initiative of the payer (bank), at the initiative of the beneficiary with the consent of the payer, at the initiative of the claimant without the consent of the payer;

limit of balance of the clearing account – the amount of balance in cash approved by banks with their corresponding banks on the clearing account within which implementation of transactions on carrying out clearing transfers during the settlement period is possible;

the interbank payment instruction – the payment instruction of bank (corresponding bank) (in the form of the electronic document (the electronic message) or on paper) by means of which transfer of the payment instruction of the client of bank (payment instructions of his clients) or the bank (corresponding bank) for implementation of bank transfer is performed;

interbank transfer – the part of bank transfer including money transfer through the correspondent or clearing account based on the interbank payment instruction;

international bank transfer – the bank transfer made by banks with participation of foreign bank(s);

the international clearing transfer – the interbank transfer made between bank and foreign bank on the basis of clearing through the clearing account;

the proper beneficiary – the receiver of money who is the beneficiary according to the interbank payment instruction of corresponding bank (the credit advice of corresponding bank, the payment instruction of the client) and to which are listed money in the amount of bank transfer (is enlisted) (in the amount specified in the interbank payment instruction of corresponding bank (the credit advice of corresponding bank, the payment instruction of the client));

the inadequate beneficiary – the receiver of money whose details do not correspond to details of the beneficiary specified in the interbank payment instruction of corresponding bank (the credit advice of corresponding bank, the payment instruction of the client). Inadequate beneficiary is also the receiver of money whose details correspond to details of the beneficiary specified in the interbank payment instruction of corresponding bank (the credit advice of corresponding bank, the payment instruction of the client) and to whom on bank transfer are listed money in the amount exceeding the amount of bank transfer (the amount specified in the interbank payment instruction of corresponding bank (the credit advice of corresponding bank, the payment instruction of the client)) (is enlisted) or into the account of which money according to the payment instruction of the client was enlisted more than once. Cash amounts, excessively listed (enlisted) to the inadequate beneficiary, are subject to return according to the procedure, established by legal acts;

necessary details – the details necessary for implementation of money transfer (making payment) by means of bank transfer;

the offshore zone – the state (territory) included in the list of offshore zones approved by the President of the Republic of Belarus – the states (territories) in which the preferential tax regime is effective and (or) is not provided disclosure and provision of information on financial transactions;

transfer with conversion (exchange), purchase, sale – transfer in the currency other than account currency from which cash write-off, according to requirements of the regulatory legal acts of National Bank regulating procedure for carrying out currency exchange transactions and this Instruction is performed;

the payer – the client of bank (foreign bank) at the expense of whose money (raised by it money) bank transfer is made. The bank (foreign bank), the payment service provider which is not bank (foreign bank) and providing to the actual payer services in implementation of payment (money transfer), the other person to who according to legal acts the obligation on execution of monetary commitments for the actual payer is assigned (the parent, the guardian, etc.) can be the payer on bank transfer;

check of authenticity of the electronic document (the electronic message) – the actions directed to confirmation of property of the electronic document (the electronic message), determining that the electronic document is signed by the valid digital signature the electronic message (is signed confirmed) with use of software and hardware and technologies taking into account requirements of the legislation;

the procedure of safety – complex of the organizational measures and program technical means of information security intended for carrying out by bank taking into account requirements of the legislation of check of authenticity of the electronic document (the electronic message) and identification of the client of the bank which sent the electronic document (the electronic message) to bank by means of system of remote bank servicing;

the settlement document – the payment instruction of the client (bank) in the form of the payment order, payment request, the payment order;

settlement period – the period approved by banks with corresponding banks after which banks perform settlement of balance of the clearing account formed as of the last date of the specified period;

details of the certifying document – identification (personal) number of physical person (in the presence) or details of the identity document of physical person (the name (code), series, number and date of issue of the document, the name (code) of the body which issued the document);

the decision on restriction of account transactions – the accepted (taken-out) representative according to legal acts body (official) resolution (determination) on seizure of the money which is on the customer account and (or) the decision (resolution) on suspension of transactions on its account;

the connected document – the document used when implementing bank transfer and connected with execution of payment instructions (the statement on the acceptance of the payer, the statement on withdrawal of the acceptance of the payer, the statement on withdrawal (change) of the settlement document, the statement on suspension (renewal) of execution of the settlement document, the statement on return of money, other documents);

system of remote bank servicing – set of technologies of provision of banking services and banking operations with use of the program technical means providing interaction of banks and their clients, including transfer of electronic documents (electronic messages);

settlement system (information transfers) – the automated payment, settlement and (or) information system;

the party on bank transfer – the payer, the actual payer, the beneficiary, the actual beneficiary, the claimant;

the reference document – the document forming the basis for implementation of money transfer (making payment). Invoices, notices, agreements, executive documents, regulatory legal acts, etc. can treat reference documents. The reference document can be the connected document;

the account of Loro – the correspondent account of corresponding bank opened in bank;

the account "Nostro" – the correspondent account of bank opened in corresponding bank;

the actual beneficiary – person to whom the money listed on bank transfer for benefit of the beneficiary is intended;

the actual payer – person before whom the payer fulfills monetary commitments or for which the payer performs money transfer;

accounting number of the payer (identification number of the payer) (further – UNP/INN) – accounting number of the payer (other identification accounting number assigned to the client of bank by the country of its registration or bank and also according to requirements of the legislation, rules and (or) technical documentation of settlement systems (information transfer) by means of which bank transfer is made);

the participant of bank transfer – bank sender, corresponding bank of bank sender, bank receiver, corresponding bank of payee bank;

the electronic message – the message created by means of the software and hardware and technologies applied under the agreement of bank with the client, and containing information necessary for implementation of the bank transfer, data on execution (processing) of payment instructions, condition of accounts, other data provided by terms of the contract, concluded between bank and the client.

The term "direct debiting of the account" is used in the value determined by article 2531 of the Bank code of the Republic of Belarus.

The term "identification" is used in the value determined by the paragraph the tenth parts one of article 1 of the Law of the Republic of Belarus of June 30, 2014 No. 165-Z "About measures for prevention of legalization of income gained in the criminal way, financings of terrorist activities and financing of distribution of weapons of mass destruction".

The terms "payments in the budget", "payment instruction AIS IDO" are used in the values determined respectively by parts eleven, the twelfth appendices to the resolution of Council of Ministers of the Republic of Belarus and National Bank of the Republic of Belarus of June 28, 2019 No. 432/11 "About the automated information system of execution of monetary commitments".

The terms "authenticity of the electronic document", "digital signature", "electronic document" are used in the values determined respectively by paragraphs the seventh, fifteenth, 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".

The terms "foreign bank", "nonresident" and "resident" are used in the values determined respectively by subitems 1.9-1.11 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".

The terms "clearing", "payment", "payment service provider", "electronic money" are used in the values determined respectively by subitems 1. 11, 1.18, 1.30 Item 1 of Article 2, Item 1 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 requirements of this Instruction applicable to legal entities extend to individual entrepreneurs and notaries if other is not provided by this Instruction.

3. Payment instructions and the connected documents are processed (are created) and represented to banks as on paper, and in the form of electronic documents (electronic messages) if other is not determined by legal acts.

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