Unofficial translation (c) Soyuzpravoinform LLC
of October 4, 2012 No. 219
About approval of Rules of installation, use and use of POS terminals in the territory of the Azerbaijan Republic and Criteria of determination of objects on which POS terminals are established
Due to the execution of Item 1.4 of the Presidential decree of the Azerbaijan Republic of November 24, 2011 "About application of the Law of the Azerbaijan Republic "About modification of the Law of the Azerbaijan Republic "About consumer protection" of September 30, 2011 the No. 205-IVQD Cabinet of Ministers of the Azerbaijan Republic decides No. 536:
1. Approve "Rules of installation, use and use of POS terminals in the territory of the Azerbaijan Republic" (are applied).
2. Approve "Criteria of determination of objects on which POS terminals are established" (are applied).
4. Charge to the Ministry of Economics of the Azerbaijan Republic and recommend to the Central bank of the Azerbaijan Republic to provide the solution of the questions arising from this resolution.
5. Charge to the relevant state bodies to realize actions for ensuring tax payment and the state fees and charges for the provided services (works) via bank transfer.
Prime Minister of the Azerbaijan Republic
Approved by the Resolution of the Cabinet of Ministers of the Azerbaijan Republic of October 4, 2012 No. 219
1.1. These rules are prepared according to Item 1.4 of the Presidential decree of the Azerbaijan Republic of November 24, 2011 No. 536 "About application of the Law of the Azerbaijan Republic "About modification of the Law of the Azerbaijan Republic "About consumer protection" of September 30, 2011 No. 205-IVQD and subitem 1.2.1 of the Order of the President of the Azerbaijan Republic "About additional measures in the field of enhancement of payment systems in the Azerbaijan Republic" of November 22, 2005 No. 1114.
1.2. These rules regulate step-by-step installation, registration, use of POS terminals in business entities according to the schedule in appendix 1 to Rules for conducting clearing settlements with clients when rendering trade, household and other types of service, including tax payment and the state fees and charges for services (works) provided by state bodies and also other relations connected using POS terminals.
1.3. Step-by-step implementation of POS terminals in business entities is performed according to the schedule in Appendix 1 to Rules.
2.1. The basic concepts used in these rules have the following values:
2.1.1. payment card (further - the card) - the payment instrument or the means of payment (the mobile device or other equipment) connected with the card used for implementation of cashless payments, and also for receipt of cash;
2.1.2. the international payment card - the card used for carrying out transactions within the country and outside the country;
2.1.3. the local payment card - the card emitted by the banks operating in the Azerbaijan Republic only for use in the territory of the country;
2.1.4. service center - person who has the right to perform processing activities according to the legislation;
2.1.5. transaction - complete or partial payment of trade, household and other types of service, including tax payment and the state fees and charges for services (works) provided by state bodies on the POS terminal;
2.1.6. The POS terminal - the equipment intended for carrying out clearing settlements (including contactless payments) and/or receipts of cash, including the mobile device provided with the necessary software (the telephone set or other terminal equipment accepting (suitable for acceptance) mobile (tsellyulyarny) services in telecommunication networks public of mobile operators);
2.1.7. the customer of the POS terminal (further - the customer) - physical person or legal entity, and also state body where according to the legislation the POS terminal is established;
2.1.8. business entity - object where the customer establishes the POS terminal;
2.1.9. service fee - the amount paid to merchant acquirer by the customer for the operation performed via the POS terminal;
2.1.10. merchant acquirer - the bank which provided installation of the POS terminal based on the contract with the customer and providing implementation of calculations for the operations performed via the POS terminal or the legal entity having the license for implementation post - financial services;
2.1.11. the operator - the employee of the customer or the customer who has powers on use of the POS terminal;
2.1.12. personal identification code (further - the PIN code) - the hidden code identifying the card holder in case of authorization for carrying out transaction;
2.1.13. the user of the card - person who has the right to use the card;
2.1.14. authorization request - request for receipt of permission to carrying out transaction;
2.1.15. contactless payment - the transaction made by way of present to the POS terminal of the card in which the radio-frequency identifier is established;
2.1.16. unique code - the single code consisting of letters, figures or symbols, issued by merchant acquirer for the mobile device used as the POS terminal, not repeating on this bank.
3.1. The POS terminals established and used in business entities shall meet the following technical requirements:
3.1.1. The POS terminal shall have possibility of acceptance of the international and local payment cards emitted by the banks performing activities at least in the Azerbaijan Republic including possibility of making of contactless payments;
3.1.2. Ceased to be valid according to the Resolution of the Cabinet of Ministers of the Azerbaijan Republic of 18.05.2022 No. 192
3.1.3. on the terminal there shall be PIN keyboard intended for carrying out transactions by means of the payment cards requiring introduction of the PIN code;
3.1.4. technical parameters of the POS terminal shall be able to provide support from merchant acquirer or the service center.
3.2. Necessary technical capabilities for installation of the POS terminal (stable communication channel, electricity source, etc.) are provided with the customer.
3.3. The merchant acquirer signs with service center the agreement on connection and servicing of the POS terminal and represents the POS terminal meeting the requirements provided by subitem 3.1.1. these rules, in service center for carrying out the corresponding tests and setup.
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