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RESOLUTION OF BOARD OF NATIONAL BANK OF THE KYRGYZ REPUBLIC

of September 12, 2012 No. 37/2

About approval of the Instruction for provision of the Kyrgyz Republic by commercial banks to clients of individual bank safe deposit boxes

(as amended on 14-08-2019)

According to articles 7 and 43 of the Law of the Kyrgyz Republic "About National Bank of the Kyrgyz Republic" the Board of National Bank of the Kyrgyz Republic decides:

1. Approve the Instruction for provision of individual deposit boxes by commercial banks in use to clients it (is applied).

2. Declare invalid the Direction No. 6 "About procedure and the procedure of provision of individual deposit boxes by commercial banks in use to clients", dispatched to all banks on September 16, 1996 (ref. No. 073-1/3834).

3. After official publication to send to Legal Management this resolution to the Ministry of Justice of the Kyrgyz Republic for entering into the State register of regulatory legal acts of the Kyrgyz Republic.

4. To management of methodology of supervision and licensing to bring this resolution to the attention of commercial banks.

5. This resolution becomes effective after one month after official publication.

6. To impose control of execution of this resolution on the vice-chairman of National Bank of the Kyrgyz Republic Chokoyev Z. L.

Chairman

Z.Asankozhoyeva

Approved by the Resolution of Board of National Bank of the Kyrgyz Republic of September 12, 2012 No. 37/2

Instruction for provision of the Kyrgyz Republic by commercial banks to clients of individual bank safe deposit boxes

I. General provisions

1. This Instruction is developed according to requirements of the legislation of the Kyrgyz Republic and determines procedure for provision of the Kyrgyz Republic by commercial banks to clients of individual bank safe deposit boxes (further - the safe).

The purpose of this Instruction is establishment of the minimum requirements to commercial bank of the Kyrgyz Republic (further - bank) on operating mode with safes.

For the purpose of risk minimization, such as operational, legal risks and risks of loss of reputation, the bank shall have the internal control system and audit corresponding to complexity and scales of the operations performed by bank and also on permanent basis to provide training (for example, instructing) the bank employees responsible for provision of safes in individual use.

2. The commercial bank providing to clients safes in individual use shall develop the relevant internal regulating documents (policy or the procedure) which are subject to approval of bank by relevant organs of management (The board of directors or Board depending on the status of the document). In these documents of bank all conditions, basic provisions regulating procedure for provision of safes and maintaining the corresponding documentation on them shall be provided and stipulated. Regulating documents of bank shall conform to the requirements of National Bank stated in this Instruction.

3. The bank shall have rates for the services in provision of safes in individual use approved by relevant organ of management of bank.

4. Bank, it agrees to the agreement of storage of values signed with the client in the individual bank safe, bears responsibility for safety and integrity of the safe, creation of the conditions providing safe storage, and also maintaining confidentiality.

For the purpose of ensuring safety of values in safes and access control to them, safes shall be in certain specially allotted premises of bank, not being cash depository of bank (further - seyfokhranilishche) in which proper storage conditions of values are provided in the safe and there is system of video surveillance and access control to safes is provided.

If the zone of work of the client with the values which are stored in the safe gets under video surveillance zone behind safes, the bank shall warn the client about availability of system of video surveillance. Such prevention shall be in the form of well visible announcement or the stand.

5. By provision to the client of the safe the bank has no right to describe safe content, and also none of employees, board members or the Board of directors of bank shall not have access to content of the safe of the client, except cases, stipulated by the legislation the Kyrgyz Republic and the agreement of storage of values in the individual bank safe between bank and the client.

II. Procedure for the conclusion of the agreement of storage of values in the individual bank safe

6. Provision of the safe to the client in individual use is made only after the conclusion of the contract of storage between bank and the client (further - the agreement of storage).

For the conclusion of the agreement of storage, clients need to submit, at least, the following documents:

1) to physical persons:

a) the application on the storage in the safe of values signed by the client which shall contain:

- surname, name, the client's middle name (according to passport data), maiden name (if is available);

- birth date and birth place;

- nationality;

- complete address of the residence and place of registration, phone number, fax, e-mail address;

- data on the identity document (the name, series, the body which issued the document, date of issue of the document), personal number;

- place of employment and occupation;

- First name, middle initial, last name beneficial owner;

- other data at the discretion of bank which are not contradicting the legislation of the Kyrgyz Republic;

b) the original of identity documents of the client and the authorized representatives of the client (in case of their availability) acting by proxy for identification of persons and copying from them;

c) the power of attorney on access to the safe of the authorized representative of the client (in case of its availability) which is drawn up according to requirements of the legislation of the Kyrgyz Republic;

d) the copy of the identity document of the beneficial owner if he is not client;

e) the card with specimen signatures and impress of a seal of the individual entrepreneur (for the physical persons performing individual business activity without formation of legal entity) certified according to the procedure, established by the legislation of the Kyrgyz Republic;

e) the copy of the document of the established form issued by authorized body and confirming the fact of passing of state registration (re-registration) as the individual entrepreneur, or the copy of the document confirming the occupation fact with business activity without state registration in cases, stipulated by the legislation the Kyrgyz Republic (for the physical persons performing individual business activity without formation of legal entity);

2) to legal entities:

a) the application on the storage in the safe of values signed by persons specified in card of specimen signatures which shall contain:

- complete and reduced (if is available) the name of the legal entity;

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