of January 11, 2017 No. 12
About approval of the Instruction about procedure for forming and maintaining the register of bank guarantees
Based on Items 3 and 9 of the Presidential decree of the Republic of Belarus of September 8, 2016 No. 335 "About the register of bank guarantees", 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 procedure for forming and maintaining the register of bank guarantees.
2. Determine that information on the bank guarantees issued till April 10, 2017 and existing for the specified date according to requirements of the Instruction approved by this resolution goes banks and the non-bank credit and financial organizations to National Bank of the Republic of Belarus once till January 1, 2018.
3. This resolution becomes effective since April 10, 2017.
Chairman of the board
P.V.Kallaur
Approved by the Resolution of Board of National Bank of the Republic of Belarus of January 11, 2017 No. 12
1. This Instruction determines procedure for forming and maintaining the register of bank guarantees (further - the register), including creation and representations by banks and non-bank credit and financial organizations (further - banks) information on bank guarantees for inclusion in the register, modification and (or) amendments of information containing in the register or information exception of the register, receipt of consent of principal or other instructing party, the beneficiary which is physical persons on 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.
2. For the purposes of this Instruction following terms have the following values:
the beneficiary - person for benefit of whom the bank guarantee is issued;
number of the bank guarantee - the unique number of the bank guarantee assigned by bank for the purposes of submission of information on her in the register and kept without changes in subsequent.
The terms "bank guarantee" and "instructing party" are used in the values determined respectively by parts one and the second article 164 of the Bank code of the Republic of Belarus.
The term "principal" is used in the value determined by the paragraph the thirty first Item 2 of the Instruction on procedure for making of banking documentary operations approved by the resolution of Board of National Bank of the Republic of Belarus of March 29, 2001 No. 67 (The national register of legal acts of the Republic of Belarus, 2001, No. 45, 8/5544; National legal Internet portal of the Republic of Belarus, 29.01.2016, 8/30588).
The term "system of remote bank servicing" is used in the value determined by the paragraph the thirty seventh parts one of Item 2 of the Instruction on bank transfer approved by the resolution of Board of National Bank of the Republic of Belarus of March 29, 2001 No. 66 (The national register of legal acts of the Republic of Belarus, 2001, No. 49, 8/5770; National legal Internet portal of the Republic of Belarus, 20.01. 2013, 8/26794).
The term "electronic document" is used in the value determined by the paragraph the fourteenth article 1 of the Law of the Republic of Belarus of December 28, 2009 "About the electronic document and the digital signature" (The national register of legal acts of the Republic of Belarus, 2010, No. 15, 2/1665).
3. The register is the information system containing information on the bank guarantees issued by banks, except for bank guarantees, introduction of data on which in the register is not allowed according to legal acts.
4. The National Bank of the Republic of Belarus (further - National Bank) provides:
access to the register posted on the official site on the global computer Internet by http://www.nbrb.by in form according to appendix 1 to this Instruction;
collection, processing, accumulating and storage of information included in the register and containing in it according to the regulations determined by National Bank.
5. Banks shall:
exercise control of completeness and reliability of information included in the register and containing in it, and also availability of consent of principal or other instructing party, the beneficiary which is physical persons on 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 according to the local regulatory legal acts;
provide integrity and authenticity of information transferred to the register.
6. Forming and maintaining the register are performed by National Bank based on the information network received from banks with use functioning on technology blokcheyn, information:
about the issued bank guarantees;
about modification and (or) amendments in texts of bank guarantees;
about change of the amounts of bank guarantees according to their conditions;
about cancellation of bank guarantees before the termination of term of their action.
Information on cancellation of bank guarantees in connection with the termination of term of their action in the register is not provided.
7. The bank shall send to National Bank for maintaining the register complete and reliable information according to the procedure and the terms provided by Chapter 3 of this Instruction in case:
issues of the bank guarantee, modification and (or) amendments in the text of the bank guarantee, change of the amount of the bank guarantee according to its conditions, cancellation of the bank guarantee before the termination of term of its action;
detection in the register of the absent or incomplete and (or) unreliable information about the issued bank guarantee;
availability in the register of information on the bank guarantee when principal or other instructing party, the beneficiary which is physical persons withdrew consent 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.
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