RESOLUTION OF BOARD OF NATIONAL BANK OF THE REPUBLIC OF BELARUS

of May 6, 2016 No. 241

About some measures for implementation of the Presidential decree of the Republic of Belarus of December 1, 2015 No. 478

Based on subitem 2 part two. 9, subitems 2.10 and 2.11 of Item 2 of the Presidential decree of the Republic of Belarus of December 1, 2015 No. 478 "About development of digital banking technologies", parts one of article 39 of the Bank code of the Republic of Belarus, the paragraph of the fourth Articles 4, Articles 11, parts four of article 13 of the Law of the Republic of Belarus of November 10, 2008 "About credit stories" DECIDES: Board of National Bank of the Republic of Belarus

1. Approve the enclosed Instruction about procedure and cases of use of software and hardware and technologies in case of banking operations and other activities by National Bank of the Republic of Belarus, banks, the non-bank credit and financial organizations, "Development Bank of the Republic of Belarus" open joint stock company.

2. Establish the list of the banking activities, services and transactions made with use of software and hardware and technologies according to appendix.

3. Ceased to be valid according to the Resolution of Board of National Bank of the Republic of Belarus of 22.06.2018 No. 291

4. This resolution becomes effective since August 1, 2016.

Approved by the Resolution of Board of National Bank of the Republic of Belarus of May 6, 2016 No. 241

The instruction about procedure and cases of use of software and hardware and technologies in case of banking operations and other activities by National Bank of the Republic of Belarus, banks, the non-bank credit and financial organizations, "Development Bank of the Republic of Belarus" open joint stock company

1. This Instruction determines procedure and cases of use by National Bank of the Republic of Belarus, banks, the non-bank credit and financial organizations and "Development Bank of the Republic of Belarus" open joint stock company (further - banks) software and hardware and technologies (further - software), in case of banking operations and other activities, uses of the documents which are the basis for making of the banking activities and other activities which are drawn up in electronic form using software for the representation to the organizations, state bodies and other persons, and also procedure for document storage which is drawn up in electronic form using software.

2. For the purposes of this Instruction the terms below are used in the following values:

authentication factors – the data requested from the client in type of information, the unique signs, parameters used for authentication and which are unambiguously identifying the client;

authentication – complex of actions for check of authenticity and accessory to the client shown (entered) it authentication factor;

documents in electronic form – the electronic messages (including the SMS message, USSD-zappoc, files and entries in databases) created, signed (confirmed) and transmitted (accepted) by means of software without use of the digital signature, containing information necessary for transactions in case of banking operations and other activities;

the client – the legal entity, physical person, the individual entrepreneur, the notary, the lawyer;

multiple-factor authentication – confirmation of authenticity and accessory to the client of two or more shown (entered) it types of authentication factors;

one-factorial authentication – confirmation of authenticity and accessory to the client shown (entered) it authentication factor of one type;

authenticity of the document in electronic form – the property of the document in electronic form determining that the document in electronic form is signed it (is confirmed) by the client identified by bank with use of software;

authentication level – requirements to types of the authentication factors requested from the client for confirmation of their authenticity and accessory to the client;

integrity of the document in electronic form – property of the document in electronic form, confirmatory that changes and (or) additions in the course of transfer (transfer) and (or) storage were not made to the document;

the digital hand-written signature – the sign manual of the client made by means of the corresponding software (including tablets, displays) for confirmation of integrity and authenticity of the signed document in electronic form.

3. Documents in electronic form can be used when implementing by banks of the banking activities determined by article 14 of the Bank code of the Republic of Belarus and performed by banks of other activities including in case of transactions and rendering to clients services in the list according to appendix to the resolution which approved this Instruction.

The document in electronic form can be used for forming of electronic documents by banks for the purpose of transactions, banking operations and rendering services to clients.

The document in electronic form can be created, signed (is confirmed) by the client who underwent authentication with use of software according to the procedure and the cases provided by bank including in case of the personal appeal of the client to bank.

In case of the appeal of the client to bank and implementation of identification (identification) by bank at personal presence of the client forming and signing (confirmation) of the document in electronic form by means of carrying out one-factorial authentication of the client, including with use of the digital hand-written signature is allowed.

4. The document in electronic form is created, processed, stored, is transferred and accepted by means of technical and software.

To creation and the circulation of documents in electronic form the software is applied under the agreement between bank and the client. When using software requirements of the legislation of the Republic of Belarus about information, informatization and information security shall be observed.

5. Banks can determine in local regulatory legal acts the minimum and maximum amounts of one transaction performed based on the document in electronic form, types of authentication factors depending on the amount of transaction, the rendered service made transactions, and also frequency and the number of the performed transactions, the made transactions of the rendered services for certain period of time.

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