of February 15, 2016 No. 75
About approval of the Instruction about requirements to the software necessary for implementation of activities in the Forex curb market by means of the global computer Internet and (or) use of other technical means and submission of the reporting in National Forex center and National Bank of the Republic of Belarus, and procedure for carrying out National Forex center of verification of the software on compliance to the requirements established by National Bank of the Republic of Belarus
Based on paragraph two of Item 9 and paragraphs of the eighth and fourteenth Item 17 of the Presidential decree of the Republic of Belarus of June 4, 2015 "About implementation of activities in the Forex curb market" and parts one of article 39 of the Bank code of the Republic of Belarus the Board of National Bank of the Republic of Belarus DECIDES: No. 231
2. This resolution becomes effective after its official publication.
Chairman of the board
P.V.Kallaur
Approved by the Resolution of Board of National Bank of the Republic of Belarus of February 15, 2016 No. 75
1. This Instruction establishes requirements to the software necessary for implementation of activities in the Forex curb market by means of the global computer Internet and (or) use of other technical means and submission of the reporting in National Forex center and National Bank of the Republic of Belarus (further - National Bank), and determines procedure for carrying out National Forex center of verification of the software on compliance to the specified requirements.
2. The software shall provide for the legal entities and physical persons 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 (further - clients):
2.1. possibility of making by clients of transactions with non-deliverable off-exchange financial instruments in real time;
2.2. possibility of initiation by clients of transactions with non-deliverable off-exchange financial instruments by means of use of mobile devices (smartphones, tablets and similar program technical means);
2.3. possibility of obtaining by clients from Forex companies, banks, the non-bank credit and financial organizations of reports on committed transactions with non-deliverable off-exchange financial instruments, the incurred expenses, the gained income.
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* 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).
3. The software shall provide for Forex companies, banks, the non-bank credit and financial organizations:
3.1. data storage about all transactions with non-deliverable off-exchange financial instruments, data on quotations (the prices of underlying assets), other similar information, and also such information supplied about sources of obtaining and information;
3.2. fixing of violations in operation of the program and technical means which entailed non-execution of orders of clients about fixing of the price of underlying asset;
3.3. fixing of interventions in parameters of orders of clients about fixing of the price of underlying asset;
3.4. the protected connection of the server Forex company, bank, the non-bank credit and financial organization with program technical means of clients;
3.5. opportunity to provide proper identification and authentication of legal entities and physical persons in case of the conclusion of agreements on making of transactions with non-deliverable off-exchange financial instruments, and also clients when making such transactions;
3.6. recording of all actions Forex company, bank, the non-bank credit and financial organization within activities in the Forex curb market, and also provision to clients of opportunity to make recording of own actions;
3.7. assignment to each client of the digital or alphanumeric designation allowing to identify this client and the agreement based on which transaction with non-deliverable off-exchange financial instruments (unique code of the client) is made;
3.8. assignment of each transaction with non-deliverable off-exchange financial instruments of the digital or alphanumeric designation allowing to identify this transaction (the identification transaction number);
3.9. possibility of the direction in National Forex center, National Bank of the reporting under form, in amount, the terms and procedure established by the legislation.
4. Verification of the software on compliance to the requirements established in Items 2 and 3 of this Instruction is performed by carrying out testing of the software entering into its structure.
5. The software is performed National Forex center on contractual basis.
6. The software is performed by the commission which structure affirms the head National Forex center.
7. For the conclusion of the service provision agreement on verification of the software the applicant addresses in National Forex center with the request for conducting verification of the software.
Posts information necessary for registration and application, National Forex center on the official site on the global computer Internet.
8. With the request for conducting verification of the software the applicant shall provide:
the specification on the software, including the software which are its part and documentation accompanying them;
certificates of conformity (the certified copies) on the software which are subject to obligatory certification in the Republic of Belarus;
operational documentation on software, necessary for conducting verification of the software;
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