Document from CIS Legislation database © 2003-2021 SojuzPravoInform LLC

RESOLUTION OF BOARD OF NATIONAL BANK OF THE REPUBLIC OF BELARUS

of March 29, 2001 No. 66

About approval of the Instruction about bank transfer

(as amended on 08-09-2021)

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. Approve the Instruction about bank transfer it (is applied).

2. To department of payment system and informatization in 2 weeks time to finish the specified Instruction taking into account the notes and offers stated on board meeting.

3. Permit banks of the Republic of Belarus to use payment requests till February 1, 2002 (f. 0401890001), payment orders (f. 0401600002), payment requirements orders (f. 0401890004) for implementation of clearing settlements in Belarusian rubles in the form of bank transfer if the parties on bank transfer are clients of banks of the Republic of Belarus.

4. Recognize invalid:

The regulations on clearing settlements in the Republic of Belarus approved by the resolution of Board of National Bank of the Republic of Belarus of December 27, 1996 (the protocol No. 36) (The bulletin of normative legal information, 1997, No. 10);

Amendment 1 to Regulations on clearing settlements in the Republic of Belarus of January 31, 1997 No. 849 (registration No. 1819/12 of 11:04. 1997), approved by Board of National Bank of the Republic of Belarus on December 31, 1998 No. 148 (the protocol of 29.12.1998 No. 19.2) (The national register of legal acts of the Republic of Belarus, 1999, No. 7, 8/17);

the resolution of Board of National Bank of the Republic of Belarus of June 24, 1999 No. 9.7 "About approval of amendment 2 to Regulations on clearing settlements in the Republic of Belarus of January 31, 1997 No. 849 (рег.№ 1819/12 of 11:04. 1997)" (National register of legal acts of the Republic of Belarus, 1999, No. 58, 8/598);

the resolution of Board of National Bank of the Republic of Belarus of November 25, 1999 No. 25.4 "About approval of changes and amendments in the Regulations on clearing settlements in the Republic of Belarus approved by the resolution of Board of National Bank of the Republic of Belarus of December 27, 1996 (the protocol No. 36)" (The national register of legal acts of the Republic of Belarus, 2000, No. 16, 8/2033);

The instruction about international settlements in the form of bank transfer approved by the minutes of the Board of Directors of National Bank of the Republic of Belarus of December 23, 1997 No. 28.10 (The bulletin of normative legal information, 1998, No. 3);

the resolution of Board of National Bank of the Republic of Belarus of July 9, 1999 No. 11.5g "About approval of amendment 1 to the Instruction about international settlements in the form of bank transfer of January 6, 1998 No. 2 (рег.№ 2238/12 of 16:01. 1998)" (National register of legal acts of the Republic of Belarus, 1999, No. 60, 8/639);

the resolution of Board of National Bank of the Republic of Belarus of June 24, 1999 No. 9.11 "About approval of the Procedure for execution of settlement documents in case of concession of the requirement and the translation of debt" (The national register of legal acts of the Republic of Belarus, 1999, No. 59, 8/621);

the resolution of Board of National Bank of the Republic of Belarus of November 25, 1999 No. 25.3 "About approval of the Instruction about transactions on clearing settlements in foreign currency in the territory of the Republic of Belarus" (The national register of legal acts of the Republic of Belarus, 2000, No. 10, 8/2009);

the resolution of Board of National Bank of the Republic of Belarus of September 28, 2000 No. 24.11 "About modification of the Instruction about transactions on clearing settlements in foreign currency in the territory of the Republic of Belarus approved by the resolution of Board of National Bank of the Republic of Belarus of November 25, 1999 No. 25.3" (The national register of legal acts of the Republic of Belarus, 2000, No. 101, 8/4255);

the resolution of Board of National Bank of the Republic of Belarus of November 25, 1999 No. 25.7 "About approval of the Explanation about accounting of the settlement documents which are not paid in time from the special loan account" (The bulletin of normative legal information, 2000, No. 3);

the resolution of Board of National Bank of the Republic of Belarus of December 30, 1999 No. 29.2 "About approval of the Procedure for inventory count of card-indexes of the settlement documents which are not paid in time" (The national register of legal acts of the Republic of Belarus, 2000, No. 17, 8/2592);

the resolution of Board of National Bank of the Republic of Belarus of May 18, 2000 No. 11.7 "About approval of the Instruction about write-off in indisputable procedure based on executive documents of means in Belarusian rubles for benefit of the nonresidents who do not have accounts in banks of the Republic of Belarus" (The national register of legal acts of the Republic of Belarus, 2000, No. 55, 8/3545).

5. Items 1 and 4 of this resolution become effective since July 1, 2001.

 

Chairman of the board

P.P.Prokopovich

The instruction about bank transfer

Chapter 1. General provisions

1. This Instruction determines procedure of clearing settlements in Belarusian rubles and foreign currency in the form of bank transfer based on the payment instructions issued by means of submission of the settlement and other documents provided by this Instruction.

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 on the bank account (credit advice), the message of corresponding bank to bank confirming cash write-off from the bank 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;

the acceptance of the payer – prior consent of the payer to payment of payment requests with the acceptance of the payer and payment requests on direct debiting of the account;

bank - bank of the Republic of Belarus, "Development Bank of the Republic of Belarus" open joint stock company, National Bank;

corresponding bank – bank with which correspondence relations are established;

bank transfer – the sequence of transactions on execution of the payment instruction of the payer or beneficiary (claimant) according to which one bank sends to other bank the interbank payment instruction about money transfer for benefit of the beneficiary (claimant). The bank sender and bank receiver match in one person if calculations between the payer and the beneficiary are performed in one bank. To bank transfer transactions on cash deposit of money in cash desk having bank identification code (further if other is not determined, – code) bank branch (the bank which does not have branch network) do not treat with subsequent their transfer into the account opened in the same bank branch (the bank which does not have branch network);

the beneficiary – the client for benefit of whom bank transfer is made. On bank transfer the bank can be the beneficiary;

the claimant – the client, person authorized by him, the authorized bodies initiating cash write-off from accounts of the payer in indisputable procedure according to the legislation. On bank transfer the bank can be the claimant;

account bank transfer – the bank transfer made only with participation of banks;

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

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

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 in banks, electronic money from e-wallets is performed;

the client – person served by bank on the transactions connected with implementation of 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, other bank;

clearing – the process of transfer, reconciliation performed before calculation and in certain cases confirmations of interbank payment instructions, including transactions on mutual offsetting of the amounts of these payment instructions and determination of final balance for implementation of calculations on the conditions established by interbank corresponding agreements (agreements);

clearing currency – currency in which clearing transfer is made;

the clearing translation – 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 the clearing translations are reflected;

the copy of the electronic payment instruction (other electronic document (message) – the form of external submission of the payment instruction (other document) in the form of the electronic document (message) reproduced on paper;

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

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

limit of balance of the clearing account – the remaining balance amount approved by banks on the clearing account within which implementation of transactions on carrying out the clearing translations during the settlement period is possible;

the interbank payment instruction – the interbank payment order, interbank payment request, other payment document (message) issued by bank to other bank for the purpose of execution of the payment instruction of the initiator of bank transfer;

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 with participation of foreign bank;

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

obligatory details – the details obligatory to specifying in settlement and other documents according to requirements of this Instruction and other acts of the legislation;

the offshore zone – the state (territory) included in the list of offshore zones – the states (territories) in which the preferential tax regime is effective and (or) is not provided disclosure and provision of information on financial transactions, No. 353 approved by the Presidential decree of the Republic of Belarus of May 25, 2006;

money transfer with conversion (exchange), purchase, sale – the bank transfer made 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 of currency exchange transactions and this Instruction is performed;

the payment instruction – the instruction (the order, the requirement) of the initiator of bank transfer to bank sender about transfer to advantage of the beneficiary of certain amount of money by submission of settlement documents, use of payment instruments and instruments of payment when implementing the corresponding transactions, representation and use of other documents and tools in the cases provided by National Bank. The bank can be the initiator of bank transfer;

the payer – the client at the expense of whose money bank transfer is made. On bank transfer the bank sender can be the payer;

check of authenticity of the electronic document (the electronic message) – the actions directed to confirmation of integrity and authenticity of the electronic document (electronic message) by use of the procedures of safety established by bank 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 who provided them to bank by means of systems of remote bank servicing;

direct debiting of the account – the type of bank transfer providing execution of payment requests of the beneficiary by means of cash write-off from correspondent account of bank sender based on interbank payment request of payee bank according to the acceptance of the payer;

the settlement document – the payment instruction of the initiator of bank transfer in the form of the payment order, payment request, the payment order;

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

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;

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

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 authorized person of the nonresident – the resident or the nonresident having the bank account and authorized by the nonresident who does not have accounts in banks to draw up and impose in bank payment request without acceptance of the payer on cash write-off in indisputable procedure for benefit of the nonresident;

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 electronic settlement document (the electronic payment order, electronic payment request, the electronic payment order) – the settlement document (the payment order, payment request, the payment order) in the form of the electronic document or the electronic message created taking into account requirements of regulatory legal acts of National Bank.

The term "identification" is used in the value determined by part five of appendix to the Presidential decree of the Republic of Belarus of April 18, 2019 No. 148 "About digital banking technologies".

The terms "instant payment", "system of instant payments" are used in the values determined respectively by paragraphs the sixth, eleventh Item 3 of the Instruction on procedure for functioning of the system of instant payments and carrying out instant payments approved by the resolution of Board of National Bank of the Republic of Belarus of November 20, 2018 No. 540.

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", "integrity of the electronic document", "digital signature", "electronic document" are used in the values determined respectively by paragraphs the seventh, the twelfth, 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 "bank of the Republic of Belarus", "foreign bank", "nonresident" and "resident" are used in the values determined respectively by subitems 1. 1, 1.9-1.11 Items 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 term "self-service device" is used in the value determined by the paragraph the twentieth Item 3 of Rules of implementation of the transactions with electronic money approved by the resolution of Board of National Bank of the Republic of Belarus of November 26, 2003 No. 201.

The term "electronic payment document" is used in the value determined by the paragraph the thirty ninth parts one of Item 3 of the Instruction on procedure for functioning of the automated system of interbank calculations of National Bank of the Republic of Belarus and carrying out interbank calculations in the BISS system approved by the resolution of Board of National Bank of the Republic of Belarus of June 26, 2009 No. 88.

3. Payment instructions, and also other documents provided by this Instruction, except for executive documents (further - other documents), are created and represented to banks:

on paper;

in the form of electronic documents;

in the form of electronic messages.

The payment instructions and other documents created in the form of electronic documents (messages) go the client by means of systems of remote bank servicing to the serving bank according to the agreements signed between them.

4. In the agreement signed between bank and the client are determined:

the rights and obligations arising in case of exchange of documents;

procedure for permission of disputable situations;

method of forming of payment instructions and procedure for their submission to bank, directions to the client bank of documents on results of processing of payment instructions and other documents of the client, information on their execution;

other conditions approved by the parties and which are not contradicting the legislation.

In case of provision by bank to the client of services in implementation of bank transfer by means of systems of remote bank servicing in the agreement signed between bank and the client are in addition determined:

types of the systems of remote bank servicing used for exchange of documents in the form of electronic documents, electronic messages, and the requirement to them;

means of identification of the client and procedure for their application;

the right of bank to unilaterally stop or suspend rendering services by means of systems of remote bank servicing in cases, stipulated by the legislation about prevention of legalization of income gained in the criminal way, financings of terrorist activities and financing of distribution of weapons of mass destruction and also procedure for informing clients;

the bases of renewal of documents acceptance in the form of electronic documents, electronic messages;

possibility of representation in the form of the electronic document, the electronic message of the additional information necessary for bank for implementation of bank transfer.

Banks can determine maximum amount for each client:

one payment instruction including created in the form of the electronic document or the electronic message;

Warning!!!

This is not a full text of document! Document shown in Demo mode!

If you have active License, please Login, or get License for Full Access.

With Full access you can get: full text of document, original text of document in Russian, attachments (if exist) and see History and Statistics of your work.

Get License for Full Access Now

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info

Effectively work with search system

Database include more 50000 documents. You can find needed documents using search system. For effective work you can mix any on documents parameters: country, documents type, date range, teams or tags.
More about search system

Get help

If you cannot find the required document, or you do not know where to begin, go to Help section.

In this section, we’ve tried to describe in detail the features and capabilities of the system, as well as the most effective techniques for working with the database.

You also may open the section Frequently asked questions. This section provides answers to questions set by users.

Search engine created by SojuzPravoInform LLC. UI/UX design by Intelliants.