RESOLUTION OF BOARD OF NATIONAL BANK OF THE REPUBLIC OF BELARUS

of February 9, 2016 No. 64

About approval of the Instruction about the requirements to content approved Forex companies, banks, the non-bank credit and financial organizations, National Forex center of rules of making of transactions with non-deliverable off-exchange financial instruments

Based on Item part four 3, of the paragraph of the fifth Item 17 of the Presidential decree of the Republic of Belarus of June 4, 2015 No. 231 "About implementation of activities in the Forex curb market", the Board of National Bank of the Republic of Belarus DECIDES: parts one of article 39 of the Bank code of the Republic of Belarus

1. Approve the enclosed Instruction about the requirements to content approved Forex companies, banks, the non-bank credit and financial organizations, National Forex center of rules of making of transactions with non-deliverable off-exchange financial instruments.

2. This resolution becomes effective since March 7, 2016.

Approved by the Resolution of Board of National Bank of the Republic of Belarus of February 9, 2016 No. 64

The instruction about the requirements to content approved Forex companies, banks, the non-bank credit and financial organizations, National Forex center of rules of making of transactions with non-deliverable off-exchange financial instruments

Chapter 1. General provisions

1. This Instruction establishes requirements to contents of rules of making of the transactions with non-deliverable off-exchange financial instruments (further - rules) approved Forex companies, banks, the non-bank credit and financial organizations, National Forex center.

2. For the purposes of this Instruction:

to Forex companies the legal entities specified in the paragraph the second to part one of Item 1 of the Presidential decree of the Republic of Belarus of June 4, 2015 No. 231 "About implementation of activities in the Forex curb market" belong (The national legal Internet portal of the Republic of Belarus, 06.06. 2015, 1/15836);

treat clients:

clients Forex companies, banks, the non-bank credit and financial organizations - the physical persons or legal entities which signed the agreement on making of transactions with non-deliverable off-exchange financial instruments about Forex company, bank, the non-bank credit and financial organization;

clients National Forex center - Forex company, banks, the non-bank credit and financial organizations performing conclusion of cumulative open line item of the clients (the amount of open line items of clients) on separate underlying asset on National Forex center.

Chapter 2. General requirements to contents of rules

3. The rules approved Forex companies, banks, the non-bank credit and financial organizations, National Forex center shall contain:

3.1. the list of underlying assets concerning which (which sets) Forex company, the bank, the non-bank credit and financial organization, National Forex center make transactions with non-deliverable off-exchange financial instruments (further - transactions);

3.2. procedure and sources of obtaining Forex company, bank, the non-bank credit and financial organization, National Forex center of data on quotations (the prices of underlying assets) and other similar information, and also procedure for provision to clients of information necessary for making of the transactions initiated by them;

3.3. type (types) of remuneration Forex company, bank, the non-bank credit and financial organization, National Forex center for making of transactions and calculation of each type of such remuneration;

3.4. procedure and conditions of creation and maintaining on the website Forex company, bank, the non-bank credit and financial organization, National Forex center on the global computer Internet of the electronic service "Private Virtual Office of the Client" (further - private virtual office of the client) for accumulation of information about each client, and also accounting of actions of the client within the transactions initiated by it and reflection of information connected with such transactions;

3.5. list of Sections of private virtual office of the client;

3.6. content and the sequence of actions depending on the chosen Section of private virtual office:

the client during making of the transaction initiated by it;

Forex company, bank, the non-bank credit and financial organization, National Forex center when making transactions (with indication of the data listed in subitems 3.1-3.3 of this Item);

3.7. the list of means of communication which are used Forex company, bank, the non-bank credit and financial organization, National Forex center for acceptance, processing and execution of orders of clients about fixings of the price of underlying asset, and also procedure for storage of information on such orders;

3.8. procedure for agreement signature about making of transactions with non-deliverable off-exchange financial instruments (further - the agreement), the list of documents (their copies) and the data represented in case of agreement signature, and also during the term of the agreement in case of need changes of its conditions;

3.9. procedure and terms of the direction Forex company, bank, the non-bank credit and financial organization, National Forex center to the client of notifications on the actions infringing on interests of the client in part:

changes of conditions of maintaining and closing of private virtual office of the client, its Sections, open line items of the client;

changes of the amount of marginal providing the client in connection with making of the transactions initiated by the client;

provision suspensions to the client of services;

other actions;

3.10. cases and procedure for cancellation by the client, Forex company, bank, the non-bank credit and financial organization, National order Forex center about fixing of the price of underlying asset and (or) the transaction initiated by the client;

3.11. measures for providing:

execution of the order of the client about fixing of the price of underlying asset when making transactions on the best conditions for the client at present time;

stability and uninterruptedness of all stages of making of transactions;

provisions to clients of necessary information when making transactions;

information security in the course of execution of agreements;

3.12. operating mode Forex company, bank, non-bank credit and financial organization, National Forex center, and also private virtual office of the client;

3.13. procedure for voluntary pre-judicial dispute settlement, the agreements arising in case of execution.

4. The rules approved Forex companies, banks, the non-bank credit and financial organizations, National Forex center cannot establish the rights and obligations of the Parties under the agreement and to be part of the agreement.

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