Document from CIS Legislation database © 2003-2021 SojuzPravoInform LLC

PRESIDENTIAL DECREE OF THE REPUBLIC OF BELARUS

of September 8, 2016 No. 335

About the register of bank guarantees

(as amended on 07-10-2021)

For the purpose of enhancement of rules of implementation of transactions with bank guarantees and strengthenings of protection of the rights and legitimate interests of participants of civil circulation I decide:

1. Create the register of bank guarantees (further - the register).

2. Determine that:

2.1. the register is the information system containing information on the bank guarantees * issued by banks and the non-bank credit and financial organizations of the Republic of Belarus (further - banks);

2.2. the register contains information:

about the bank which is the guarantor (the name, legal address and accounting number of the payer);

about principal or other instructing party – physical person (surname, own name, middle name (if that is available), the name, document number, proving the identity, date of issue of this document and the name (code) of the state body which issued the document) or the legal entity (the name, legal address and accounting number of the payer (if that is available);

about the beneficiary – physical person (surname, own name, middle name (if that is available), the name, document number, proving the identity, date of issue of this document and the name (code) of the state body which issued the document) or the legal entity (the name, legal address and accounting number of the payer (if that is available);

about sum of money and currency of the bank guarantee;

about effective period of the bank guarantee and its status.

______________________________

* For the purposes of this Decree the term "bank guarantee" is used in the value determined in part one of article 164 of the Bank code of the Republic of Belarus.

The register may contain other information connected with action of the bank guarantee and entering into its text of changes and (or) amendments, and also its conditions.

Information on the bank guarantees providing obligations, data on which belong to the state secrets, and also about bank guarantees according to which the principal or other instructing party, the beneficiary which is physical persons was not agreed in accordance with the established procedure to the direction of information on the bank guarantee for inclusion in the register and the subsequent collection, processing, accumulating, storage, representation from the register of this information, is not subject to entering into the register;

2.3. The National Bank provides:

creation and program and technical support of the software of the register;

in the course of creation and operation of the register fulfillment of requirements on information security, including in case of its obtaining, transfer, collection, processing, accumulating, storage and representation.

3. The procedure for forming, maintaining and register form, and also structure of information provided in part two of subitem 2.2 of Item 2 of this Decree are determined by National Bank.

4. The bank which issued the bank guarantee directs in electronic form in the form established by National Bank, information provided in parts one and the second subitem 2.2 of Item 2 of this Decree in National Bank for inclusion in the register, modification of information containing in the register or information exception of the register no later than one working day following date of issue of the bank guarantee (date of the conclusion of the extradition treaty of the bank guarantee in case of ensuring obligation fulfillment of the issuer on bonds with the bank guarantee), modification and (or) amendments of the text of the bank guarantee or the termination of its action.

Information on the bank guarantee joins in the register, changes and excluded from the register on a grant basis.

5. Responsibility for completeness and accuracy of the information, sent to National Bank for inclusion in the register, and also the losses caused to other persons in connection with the direction of incomplete and (or) unreliable information bears the bank which directed incomplete and (or) unreliable information.

In case of detection in the register of incomplete and (or) unreliable information about the bank guarantee the principal or other instructing party, the beneficiary has the right to address in writing to the bank which issued the bank guarantee and sent information on her to National Bank with the requirement about entering into information containing in the register, changes or about its exception of the register with application of documents, such changes confirming justification of introduction or its exception. No later than two working days following receipt date of the written address, the bank shall send the complete and reliable information provided in parts one and the second subitem 2.2 of Item 2 of this Decree to National Bank for inclusion in the register.

6. Information on the bank guarantees issued before entry into force of this Decree and existing for date of its entry into force, banks shall be sent to National Bank for inclusion in the register according to the procedure, provided in item 4 of this Decree, till January 1, 2018.

7. Access to the register is provided with National Bank round the clock on its official site on the global computer Internet on a grant basis, and since January 1, 2020 also through the nation-wide automated information system.

Access to the register can be suspended by National Bank for the term determined by it. Information on suspension of access to the register is posted on the official site of National Bank on the global computer Internet.

8. Representation by banks to National Bank of information for inclusion in the register according to item 4 of this Decree, and also ensuring access to the register according to Item 7 of this Decree are not violation of the bank and (or) protected by legal acts other secret and do not attract responsibility according to the legislation.

9. For the direction banks to National Bank of information on the bank guarantee, including about modification and (or) amendments in its text or the termination of its action, and also for the subsequent collection, processing, accumulating, storage, representation from the register of this information by National Bank the consent of principal or other instructing party, the beneficiary is not required, except as specified, when principal or other instructing party, beneficiary is the physical person which consent is required according to the legislation on information, informatization and information security. The procedure for receipt of this consent is determined by National Bank.

10. Ensuring creation, operation of the register and program and technical support of the software of the register are performed at the expense of the money of National Bank provided by the estimate of current expenses and capital investments approved by Board of National Bank in coordination with the President of the Republic of Belarus, and also other sources which are not forbidden by the legislation.

11. Provide to National Bank:

11.1. till April 10, 2017:

creation of the register;

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