RESOLUTION OF NATIONAL BANK OF THE REPUBLIC OF MOLDOVA

of September 11, 1997 No. 61

About approval of Regulations about submission of the reporting for the Paying balance

In execution of articles 5 and 72 of the Law on National Bank of Moldova the Administrative Board of National Bank of Moldova solved:

1. Approve Regulations about submission of the reporting for the Paying balance.

2. These Regulations become effective since January 1, 1998.

3. Decisions of Administrative Board of National Bank of Moldova No. 1 of January 11, 1995, No. 13 of April 18, 1995, No. 40 of December 26, 1995 are cancelled since January 1, 1998.

4. These Regulations are published in "Monitorul Oficial al Republicii Moldova".

No. 61 is approved by the Resolution of National Bank of the Republic of Moldova of September 11, 1997

Regulations about submission of the reporting for the Paying balance

These regulations developed according to Art. 5 of the item k) and Art. 72 of the Law on National Bank of Moldova determine obligations of banks and establish procedure on submission of information for payment balance of the country.

Section I. Concepts

This provision includes the following concepts:

1.1. Paying balance – the macroeconomic statistical document, it is systematized reflecting total cost of all transactions performed between residents and nonresidents for certain period of time.

1.2. The economic territory of the state consists of the geographical territory which is under jurisdiction of the government of this country within which can freely move labor power, goods and the capital. The economic territory includes also:

a) airspace, territorial waters, the territories of international waters concerning which the country has exclusive rights, the territorial enclaves located in the territory of other states (diplomatic representations, consulates, etc.), free economic zones, customs warehouses;

b) the economic territory of the country does not include the territorial enclaves of the foreign governments or international organizations located in geographical boundaries of this country.

1.3. The physical person or legal entity has the Center of economic interest within the country when taking place in the economic territory of this country, it performs economic activity or economic transactions within more than one year.

1.4. According to these Regulations residents are:

a) the physical persons (citizens of the Republic of Moldova, foreign citizens and stateless persons) having the center of economic interest and the residence in the Republic of Moldova within one year and more, including which are located temporarily abroad;

b) students and patients, citizens of the Republic of Moldova, students or, respectively, being on medical treatment abroad, irrespective of stay duration abroad;

c) personnel of the international organizations placed in the territory of the Republic of Moldova which take the residence in the Republic of Moldova;

d) the legal entities (public and private law) created in compliance with the legislation of the Republic of Moldova, having the center of economic interest and the permanent location in the economic territory of the Republic of Moldova;

f) the representations of legal resident persons placed abroad which imply any separate divisions of the mentioned persons representing them and protecting them the interests;

g) the companies and the organizations which do not have the status of the legal entity, created according to the legislation of the Republic of Moldova with the location in the Republic of Moldova;

h) branches of legal nonresident persons, branches of the companies and the nonresident organizations which have no status of the legal entity, created according to the legislation of the Republic of Moldova, with the location in the Republic of Moldova which imply any separate divisions of the mentioned persons representing them and protecting them the interests;

i) diplomatic missions, consular establishments and other official representations of the Republic of Moldova abroad.

1.5. The nonresident – any physical person or legal entity which is not resident according to Item 1.4.

1.6. Direct investments are financial and/or the appliances made by the nonresident/resident in the company the resident/nonresident (in the amount of 10 and more percent from the authorized capital) which grant to it the property and administrative rights of management of this company.

1.7. Portfolio investments – the financial resources made by the nonresident/resident in the company the resident/nonresident in the form of shares (in the amount of less than 10 percent from the authorized capital), bonds and other securities.

1.8. Financial derivatives are the financial instrument which cost depends on the cost of other financial instrument (or on the cost of some goods, on the level of the currency rate or on the level of interest rate, or on other asset / indicator) which can be realized in the financial markets in the speculative purposes or for the purpose of management of some specific financial risks, such as, by interest rate risk, currency risk, risk of the change in price for shares and goods, credit risk, etc. Financial derivatives: agreements forward, futures, swap, option and others.

1.9. OTHER INVESTMENTS are the any other investments which are not included in category of direct and portfolio investments.

1.10. The factoring agreement – the contract between the resident and the nonresident who fits into determination of Art. 1290 of the Civil code of the Republic of Moldova irrespective of the law applied to it.

Section II. Report on the international transactions

For creation of the Paying balance all licensed banks represent to National Bank of Moldova:

2.1. The report 08001/5 "The report 1-PB about the international transactions" according to appendix No. 1.

All transactions reflected on the following groups of business accounts are brought in the report:

2.1.1. The accounts of NOSTRO opened in resident banks and nonresidents in currency;

2.1.2. The accounts of "Loro" of nonresident banks opened in the Republic of Moldova;

2.1.3. The accounts of nonresidents (physical persons or legal entity) opened in resident banks including current accounts for transactions with cash cards;

2.1.4. Accounts "Cash in cash desk and other monetary values" for transactions with nonresidents. In addition join in the report:

2.1.4.1. Transactions of collection and issue of cash in foreign currency or in Moldovan lei on the translations for / from abroad (for benefit of physical resident persons or nonresidents) and in the territory of the Republic of Moldova (only nonresidents), performed through systems of international money transfers;

2.1.4.2. Transactions of residents on issue of cash in foreign currency for official journeys abroad.

2.1.5. The account "Not identified amounts" on currency transactions with nonresidents.

2.1.6. Accounts "Transit and clearing amounts" on the transfer from abroad made through the money transfer systems transferred directly to accounts of physical persons.

2.2. Electronic copies of payment documents with indication of fiscal code of the client of resident bank of the Republic of Moldova, except for the payment transactions initiated by licensed banks by means of SWIFT:

2.2.1. For the transactions classified as "Goods" according to appendix No. 4, the equivalent of which is equal in Moldovan lei or more than 2000000 (two million) lei;

2.2.2. For the transactions classified by other groups according to appendix No. 4, equivalent of which in Moldovan lei it is equal or more than 500000 (five hundred thousand) lei.

2.3. The additional information on transactions of the report 08001/5 orally (by phone) or by e-mail of NBM (according to safety requirements) to the official address of the division responsible for creation of the report, according to the direct requirement of staff of National Bank of Moldova from the above-stated division.

2.4. Responsible division of NBM for creation of the Report on the international transactions is the Department of the reporting and statistics (e-mail dbp-1bp@bnm.md).

Section III. Procedure for creation of the report (form 08001/5)

3.1. The report shall contain the following data:

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