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RESOLUTION OF BOARD OF NATIONAL BANK OF THE KYRGYZ REPUBLIC

of December 9, 2015 No. 76/8

About approval of the Provision "About Bank Payment Cards in the Kyrgyz Republic"

(as amended on 07-12-2022)

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

1. Approve the Provision "About Bank Payment Cards in the Kyrgyz Republic" it (is applied).

2. Recognize invalid the following resolutions of Board of National Bank of the Kyrgyz Republic:

- "About approval of the Provision "About Bank Payment Cards in the Kyrgyz Republic" of October 14, 2009 No. 41/7;

- "About modification and amendments in the Provision "About Bank Payment Cards in the Kyrgyz Republic" of November 30, 2011 No. 67/11;

- "About modification and amendments in some regulatory legal acts of National Bank of the Kyrgyz Republic" of September 25, 2013 No. 35/19.

3. To commercial banks:

- till March 1, 2016 to prepare and provide in National Bank of the Kyrgyz Republic the Plan for the translation of the existing salary projects of state-financed organizations from the budget and payments in the budget / from the budget of the country on national cards of the Elkart system till December 31, 2016;

- provide setup of all available terminals established in trade and service companies only on acceptance of payments in national currency within the actions for dedollarization of economy of the Kyrgyz Republic and according to requirements of the legislation of the Kyrgyz Republic.

4. This resolution becomes effective after fifteen days from the date of official publication, except for Item 74 of the Provision "About Bank Payment Cards in the Kyrgyz Republic" which becomes effective since January 1, 2021.

5. To legal management:

- publish this resolution on the official site of National Bank of the Kyrgyz Republic;

- after official publication to send this resolution to the Ministry of Justice of the Kyrgyz Republic for inclusion in the State register of regulatory legal acts of the Kyrgyz Republic.

6. To management on work with documents and communications to bring this resolution to the attention of structural divisions, regional managements and representative office of National Bank in Batken Province.

7. To management of payment systems to bring this resolution to the attention of commercial banks of the Kyrgyz Republic, Interbank Processing Center Ltd and international payment systems.

8. To management of methodology of supervision and licensing of National Bank to carry out process of licensing of commercial banks according to this resolution.

9. To impose control of execution of this resolution on the vice-chairman of National Bank Kyrgyz Republics Orozbayeva L.Dzh.

Chairman

T. Abdygulov

Appendix

to the Resolution of Board of National Bank of the Kyrgyz Republic of December 9, 2015 No. 76/8

Regulations on bank payment cards in the Kyrgyz Republic

Chapter 1. General provisions

1. Ceased to be valid according to the Resolution of Board of National Bank of the Kyrgyz Republic of 08.06.2017 No. 2017-P-14/23-15

2. The provision "About Bank Payment Cards in the Kyrgyz Republic" (further - the Provision) determines procedure for issue, acquiring and distribution of bank payment cards in the territory of the Kyrgyz Republic, the rule of carrying out transactions, processing of the transactions made with use of bank payment cards and also general requirements to settlement systems with use of bank payment cards which perform activities in the territory of the Kyrgyz Republic and to their participants, according to the laws of the Kyrgyz Republic "About banks and banking activity", "About payment system of the Kyrgyz Republic", "About the digital signature", "About counteraction to financing of terrorist activities and to legalization (washing) of the criminal income" (further - PFTD/LPD) and regulatory legal acts of National Bank of the Kyrgyz Republic (further - National Bank).

3. The activities connected with release and distribution of prepaid cards as one of forms of electronic money, it is regulated by the Provision "About Electronic Money in the Kyrgyz Republic" approved by the resolution of Board of National Bank of 20.04.2022 No. 2022-P-14/25-3-(PS).

4. All relations of participants of settlement system with use of bank payment cards, their responsibility, the rights and obligations loose by this Provision are established by the corresponding contracts or agreements.

Chapter 2. Terms and determinations

5. In this Provision the following terms and determinations are used:

The automated self-service terminal (payment terminal) - the terminal intended for acceptance (cash-in)/issue (cash-out) of cash from clients of banks, holders of cards, users of services including carrying out transactions in cash and non-cash forms in supplier address of services.

Authorization request - request to the card issuer on receipt of permission to carrying out transaction from ekvayer on statutory rules of system.

Authorization - the procedure of confirmation by the issuer of powers or authorship of the card holder to carrying out transaction by it with use of bank payment card (transaction) from which the obligation of the issuer to ekvayer to perform the settlement document constituted with use of the card of the above-stated issuer results. Authorization can be automated (by means of the terminal) and voice (by means of telephone communication). If on the transaction bank payment card made with use the issuer and ekvayer are the same person, authorization is the permission provided by the issuer to the client on making of this transaction.

Authentication - the procedure of installation of authenticity of the identity of the user, by check and comparison of characteristics of the shown identifier (PIN code, the password, etc.).

Bank payment card (card) - the payment instrument used when carrying out payments upon purchase of goods, services, receipt of cash in national and foreign currencies, implementation of money transfers and also for calculations in the form of electronic money via terminals, ATMs or other devices (peripheral devices).

Bank booth - special construction / equipment in which the peripheral device is placed.

The bank account is method of reflection of contractual relations between bank and the client on acceptance of bank deposit (deposit) and/or on making by bank of the transactions connected with implementation of bank customer service, including the carrying out payments and calculations with use of bank payment cards provided by bank account agreement, bank deposit, the legislation of the Kyrgyz Republic and applied in banking practice by business customs.

The ATM (ATM - Automated teller machine) - the hardware and software intended for issue and/or acceptance of cash, receipt of information on committed transactions and making of other transactions with use of the card or other instruments of remote servicing.

Contactless payment - the transaction performed by means of reading by the peripheral device of information from the card or other instrument of remote servicing at a short distance with use of technology of wireless data transmission (NFC (Near field communication) or other).

The virtual card - the special card issued in electronic form without physical carrier.

The virtual POS terminal - the web interface replacing the physical POS terminal and interacting with system of bank for making of transactions on payment for goods and services by means of bank payment cards and other instruments of remote servicing. The virtual POS terminal can be also used for replenishment of bank accounts taking into account criteria for evaluation of degree (level) of risk of bank, according to internal regulating documents, and also observance of requirements of the legislation of the Kyrgyz Republic.

The bank account holder - the physical/legal person / the individual entrepreneur who signed the contract for opening of the bank account according to the legislation of the Kyrgyz Republic.

Debit card - the card intended for making of transactions at the expense of own money which is on the bank account and/or the loan granted by emitting bank to the client in case of insufficiency or absence on the bank account of money (overdraft). The service of the overdraft is provided only on debit cards.

The card holder (kartoderzhatel) - the client of bank, the physical person including authorized by the legal-faced/individual entrepreneur account holder having the right to make transactions with use of the card based on the signed contract with the issuer.

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