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RESOLUTION OF NATIONAL BANK OF THE REPUBLIC OF MOLDOVA

of October 23, 2014 No. 211

About approval of the Instruction about procedure for data presentation concerning use of payment instruments and services

(as amended on 08-09-2021)

Based on the Art. 5 parts (1) the subitem f), the Art. 11 parts (1), Art. 44 and 47 of the Law No. 548-XIII of July 21, 1995 on National Bank of Moldova (Monitorul Oficial al Republicii Moldova, 1995, Art. No. 56-57, 624), with subsequent changes and amendments, and the Art. 96 parts (1) the Law No. 114 of May 18, 2012 on payment services and electronic money (Monitorul Oficial al Republicii Moldova, 2012, Art. No. 193-197, 661) DECIDES: Administrative board of National Bank of Moldova

1. Approve the Instruction about procedure for data presentation concerning use of payment instruments and services according to appendix to this resolution.

2. Declare invalid the Resolution of Administrative board of National Bank of Moldova No. 18 of January 31, 2013 about approval of the Instruction about procedure for submission of information concerning use of payment instruments and services (Monitorul Oficial al Republicii Moldova, 2012, Art. No. 31-35, 152).

3. This resolution becomes effective on January 1, 2015.

Chairman of Administrative board of National Bank of Moldova

Doreen Dregutsana

Appendix

to the Resolution of Administrative board of National Bank of Moldova of October 23, 2014 No. 211

The instruction about procedure for data presentation concerning use of payment instruments and services

1. This Instruction establishes procedure for creation and transfer of reports by licensed banks and non-bank payment service providers (further - payment service providers) the data relating to use of payment instruments (cash cards, the credit translation, direct debiting), systems of remote bank servicing and money transfers, and also other payment services.

2. Reports are submitted in National Bank of Moldova for the purpose of the analysis of tendencies in use of the emitted/accepted payment instruments and the services provided by payment service providers and also estimates of reliability of their use.

3. For the purpose of this Instruction the following concepts are used:

1) active payment card - payment card by means of which, at least, one payment transaction (reflected on the debit of the account of payment to which the card is tied) for the accounting period was carried out;

2) the active account - the payment account by means of which, at least, one payment transaction for the accounting period was carried out;

3) the active holder - the holder of payment card who performed at least one financial transaction for the accounting period in the automated system of remote servicing (ASRS);

4) transaction of MO/TO (Mail Order/Telephone Order) - the payment transactions performed at distance through mail (including e-mail) or phone, without physical presence of payment card;

5) the legal entity - person determined according to the Civil code of the Republic of Moldova and also the physical person performing business activity, person rendering professional services, person performing professional activity in the sector of justice or in the field of health care;

6) platform of electronic trading (e-commerce) - software solution which allows acceptance of payment cards in the online circle;

7) non-bank payment service providers - payment societies, suppliers of post services as payment service providers, the societies issuing electronic money;

8) decisions - the digital decisions used for implementation of remote payments;

9) internal commercial money transfer service - commercial product of portfolio of the payment service provider in which the services in money transfers performed within its internal network are provided under the name of distinct commercial product;

10) the service Transfer to Card (transfer T2C) - the money transfer service allowing receipt of international money transfers it is direct into accounts of the payment cards opened in licensed banks by means of decisions;

11) translation service of Person to Person (transfer P2P) - the service allowing money transfer from card on card by means of decisions or the ATMs served by licensed banks;

12) the mPOS terminal (the mobile payment terminal) - the device connected to the mobile equipment (the smartphone, the tablet etc.) with similar functions with the POS terminal that acceptance, processing, storage and departure of information on effected payment by means of payment card in Items of sales at the seller allows;

13) the payment terminal of self-service - the automated device other than the ATM which allows to deposit money into accounts and to make payments for benefit of suppliers of goods and services with/without use of payment card;

14) the Fraud "Social engineering" - manipulation of the payer with the author of fraud for the purpose of receipt of confidential information or motivation of fair issue of the payment order / dacha of specifying to the payment service provider to issue it to the payment account which considers that it belongs to the intended recipient of payment.

Determinations "the personalized payment card", "pre-paid payment card", "the personified payment card", "the special device", "ATM", "imprinter", "POS terminal" are used according to item 2 of Regulations about payment cards, are approved by the Solution of the Board of directors of National Bank of Moldova No. 157/2013, other determinations are used according to Art. 3 of the Law No. 114/2012 on payment services and electronic money.

4. For the purpose of this Instruction in case of identification and the reporting of fraud the following will be considered:

1) fraud is:

a) unauthorized payment transactions as a result of loss, thefts, misappropriation of confidential data about payments or the payment instrument whether they were caused by negligence of the payer or without its consent;

b) the payment transactions performed as a result of the payer's manipulation by the author of fraud.

2) the transactions specified in the subitem 1) will be included in reports irrespective of if the amount of fraudulent payment transactions was compensated;

3) do not join in reports of transaction which though were not included in the category specified in the subitem 1) are executed or blocked before their accomplishment (did not lead to money transfer).

5. This Instruction establishes procedure for creation and submission to National Bank of Moldova of the following reports:

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