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23.12.2011

Instruction on the procedure of submission to the National Bank of Moldova by the foreign exchange offices and hotels of the reports in electronic form, approved by the DCA of the NBM no.232 of October 27, 2011

Note: The translation is unofficial, for information purpose only

Published in the Official Monitor of the Republic of Moldova no.227-232 of 23.12.2011, Art.2097

COUNCIL OF ADMINISTRATION
OF THE NATIONAL BANK OF MOLDOVA

DECISION no.232
of October 27, 2011

on the approval of the Instruction on the procedure of submission
to the National Bank of Moldova by the foreign exchange offices
and hotels of the reports in electronic form

Pursuant to Art.11 and 52 of the Law on the National Bank of Moldova no.548-XIII as of July 21, 1995 (Official Monitor of the Republic of Moldova, 1995, no.56-57, Art.624), with further amendments and completions, as well as paragraph (10) Art.43 and Art.67 of the Law on foreign exchange regulation no.62-XVI as of March 21, 2008 (Official Monitor of the Republic of Moldova, 2008, no.127-130, Art.496), with further amendments and completions, the Council of Administration of the National Bank of Moldova

DECIDES:

1. To approve the Instruction on the procedure of submission to the National Bank of Moldova by the foreign exchange offices and hotels of the reports in electronic form (see attached).

2. The Instruction referred to in item 1 shall become effective on the date of its publication in the Official Monitor of the Republic of Moldova, except for Chapters III-V, which shall become effective on January 1, 2012.

Chairman
of the Council of Administration
Dorin DRĂGUŢANU

Attachment
to the Decision of the Council of Administration
of the National Bank of Moldova
no.232 of October 27, 2011

Instruction
on the procedure of submission to the National Bank of Moldova
by the foreign exchange offices and hotels of the reports in electronic form

Chapter I. General provisions

1. The Instruction on the procedure of submission to the National Bank of Moldova by the foreign exchange offices and hotels of the reports in electronic form (hereinafter - Instruction) establishes the procedure for compiling and submitting to the National Bank of Moldova (NBM) of the reports in electronic form by the foreign exchange offices and hotels, as well as the procedure for their acceptance by the NBM.

2. For the purpose of this Instruction the following definitions shall be used:
a) web application – a special application developed within the NBM, that is running on the NBM server and can be accessed through a browser within the internet network;
b) Instruction on the operation of the web application for the foreign exchange offices and hotels (Operating Instruction) - technical document developed by the NBM, accessible through the web application, which includes the information necessary for users to use the web application;
c) authorized person – employee of the foreign exchange office /of the hotel empowered by the foreign exchange office /by the hotel to submit to the NBM reports in electronic form on behalf of the foreign exchange office /of the hotel;
d) report in electronic form – information in electronic form, created and processed by the foreign exchange office /by the hotel according to the normative acts of the NBM, following the procedure described in the Operating Instruction.

3. In accordance with this Instruction, the foreign exchange offices /the hotels shall submit to the NBM the reports in electronic form specified in Attachments no.242, no.243, no.26 and no.27 to the Regulation on foreign exchange entities, approved by the Decision of the Council of Administration of the NBM no.53 of March 5, 2009 (Official Monitor of the Republic of Moldova, 2009, no.62-64, Art.269), with further amendments and completions (hereinafter – Regulation on FEE), namely:
a) Report on bid rates and ask rates of major foreign currencies set by the foreign exchange office (Attachment no.242 to the Regulation on FEE), daily;
b) Report on bid rates of major foreign currencies set by the hotel (Attachment no.243 to the Regulation on FEE), daily;
c) Report on currency exchange operations performed by the foreign exchange office (Attachment no.26 to the Regulation on FEE), monthly;
d) Report on currency exchange operations performed by the hotel (Attachment no.27 to the Regulation on FEE), monthly.

4. The submission of reports in electronic form indicated in item 3 shall be performed via the web application (with access through the Internet), developed within the NBM.

5. The foreign exchange offices and the hotels shall be responsible for the correctness, veracity and relevance of the information submitted to the NBM through the reports in electronic form.

6. The foreign exchange offices and the hotels shall implement an effective internal control system related to the process of reporting to the NBM, which has to ensure the security, veracity and correctness of the reports submitted in electronic form. The foreign exchange offices and the hotels shall be responsible for preventing the use by the third persons of identification codes assigned by the NBM (UserID) to the authorized persons and of their passwords to access the web application, in accordance with this Instruction.

7. Before the submission to the NBM via the web application of the request indicated in sub-item a) item 11, the foreign exchange office /the hotel shall submit to the NBM on paper form a declaration on its own responsibility (according to Attachment no.1), signed by the administrator and certified by the stamp of the foreign exchange office /of the hotel.

 

Chapter II. The authorized person

8. The reports in electronic form of the foreign exchange office /of the hotel shall be submitted to the NBM by the person authorized by the foreign exchange office /by the hotel.

9. The administrator of the foreign exchange office /of the hotel shall be the person authorized to submit to the NBM the reports in electronic form. The foreign exchange office /the hotel may designate other authorized persons as well.

10. To be entitled to submit to the NBM the reports in electronic form, the authorized persons shall be registered at the NBM. Registration shall be made via the web application.

11. In order to be registered at the NBM as an authorized person, the administrator of the foreign exchange office /of the hotel shall undertake the following measures:
a) the request for registering the administrator as a person authorized to submit to the NBM the reports in electronic form, in accordance with the form specified in Attachment no.2 shall be compiled and submitted via the web application;
b) his/her password to access the web application shall be created.

12. In order to entitle another authorized person to submit to the NBM the reports in electronic form, the administrator of the foreign exchange office /of the hotel shall undertake the following measures:
a) the person authorized to submit to the NBM the reports in electronic form shall be designated by order;
b) the request for registering the person authorized to submit to the NBM the reports in electronic form, in accordance with the form specified in Attachment no.3, shall be compiled and submitted via the web application;
c) a password to access the web application shall be to created for the authorized person whose registration is required.

13. The administrator of the foreign exchange office /of the hotel shall be notified by the NBM through an electronic message sent via the web application about the registration of the authorized person and about the identification code (UserID) assigned by the NBM to that person.

14. For the first access to the web application by the authorized person, other than the administrator, he /she shall use the password created by the administrator while submitting the request in accordance with the form specified in Attachment no.3. This password shall be changed while the same access to the web application.

15. The National Bank of Moldova shall keep the records of authorized persons and identification codes (UserID) in a special register.

16. Every change of the data related to the foreign exchange office /to the hotel and/or to authorized person, contained in the request referred to in sub-item a) item 11 or in sub-item b) item 12 shall be communicated to the NBM by completing and submitting to the NBM via the web application of a request on modification of the data related to the foreign exchange office /to the hotel and to the persons authorized to submit to the NBM the reports in electronic form, in accordance with the form specified in Attachment no.4. The respective request shall be submitted to the NBM not later than the next working day after the occurrence of changes.
Request on modification of the data related to the foreign exchange office /to the hotel and to the persons authorized to submit to the NBM the reports in electronic form

17. In the event of termination of individual employment contract with the authorized person or in the event of replacement of the authorized person, the administrator of the foreign exchange office /of the hotel shall complete and submit to the NBM, via the web application, a request for removing the authorized person from the list of persons authorized to submit to the NBM the reports in electronic form, in accordance with form specified in Attachment no.5, and, where appropriate, the request referred to in item sub-item a) item 11 or in sub-item b) item 12. The submission of the request referred to in sub-item b) item 12 shall be mandatory in the event when the foreign exchange office /the hotel has only one authorized person. These requests shall be submitted at least one working day before the date starting from which the removal of the authorized person from the list of authorized persons is requested.

18. In the case of loss of password needed to access the web application, the administrator of the foreign exchange office /of the hotel shall:
a) complete and submit to the NBM, via the web application, not later than the next working day, a request for creating a new password to access the web application, in accordance with the form specified in Attachment no.6;
b) create his/her password to access the web application or, where appropriate, the password to access the web application for the authorized person, for whom the new password is requested.

19. For the first access to the web application with the new password by the authorized person, other than the administrator, he /she shall use the password created by the administrator while submitting the request in accordance with the form specified in Attachment no.6. This password shall be changed while the same access to the web application.

 

Chapter III. Compilation and submission
of reports in electronic form

20. The reports in electronic form shall be compiled and submitted to the NBM within the terms and periodicity established in the Regulation on FEE.

21. The report in electronic form shall be compiled and submitted to the NBM in the format and in accordance with the procedures established in the Operating Instruction.

22. In exceptional cases (e.g., the loss of connection to the Internet, the lack of electricity), the information specified in the reports indicated in sub-item a) and b) item 3 may be submitted by telephone, observing the requirements of the Regulation on FEE.

23. In order to compile and submit in electronic form a report specified in sub-items a) and b) item 3, the foreign exchange office /the hotel shall undertake the following measures:
a) the responsible person from the foreign exchange office /from the hotel shall compile the report in electronic form, based on the information from the orders on the bid and ask rates for performing currency exchange operations in cash with individuals for the reporting day. The responsible person shall ensure logical control of data contained in the report;
b) the authorized person shall ensure that the information contained in the report in electronic form corresponds to the information from orders on the bid and ask rates for performing currency exchange operations in cash with individuals for the reporting day;
c) the authorized person shall submit to the NBM the report in electronic form, via the web application that shall be accessed using the identification code (UserID) and the password.

24. In order to compile and submit in electronic form a report specified in sub-items c) and d) item 3, the foreign exchange office /the hotel shall undertake the following measures:
a) the responsible person from the foreign exchange office /from the hotel shall compile the respective report on paper form in a single copy according to the form specified in Attachment no.26/no.27 to the Regulation on FEE, which shall be signed by the administrator and by the chief accountant and shall be certified by the stamp of the foreign exchange office /of the hotel. The responsible person shall ensure the arithmetical and logical control of data contained in the report;
b) the responsible person from the foreign exchange office /from the hotel shall compile the report in electronic form;
c) the authorized person shall ensure that the information contained in the report in electronic form corresponds to the information contained in the report on paper form authenticated as provided for in sub-item a);
d) the authorized person shall submit to the NBM the report in electronic form, via the web application that shall be accessed using the identification code (UserID) and the password;
e) the report on paper form shall be kept in file of the foreign exchange office /of the hotel.

25. The NBM has the right to require the foreign exchange office /the hotel a duplicate of the report, indicated in sub-item c) and d) item 3, for any reporting period.

 

Chapter IV. Acceptance by the NBM
of the reports in electronic form

26. The report in electronic form received by the NBM from the foreign exchange office /from the hotel shall be accepted in the event when the following requirements are met:
a) the report in electronic form shall be received by the NBM from the authorized person of the foreign exchange office /of the hotel, as well as the identification code assigned by the NBM (UserID) to the authorized person shall be verified;
b) the report in electronic form shall be compiled in accordance with the Operating Instruction and shall correspond to the reporting period;
c) the indicators contained in the report in electronic form shall correspond to the rules of logical data validation.

27. The foreign exchange office /the hotel shall receive, via the web application, an electronic message regarding the acceptance or the rejection of the report by the NBM.

28. The date and the time of submission of the report in electronic form shall be deemed the date and the time of acceptance of the report by the NBM.

 

Chapter V. Correcting the reports in electronic form

29. The foreign exchange office /the hotel shall be obliged to correct both the errors detected by the system, as well as any other identified errors and shall submit again the report in electronic form, observing the reporting deadlines provided for in the Regulation on FEE.

30. In case of detection in the reports indicated in sub-items c) and d) item 3 of erroneous information submitted for a reporting period, the foreign exchange office /the hotel shall be obliged to correct the errors for all reporting periods in which they were committed and shall submit again the report, notifying the NBM through an official letter that includes an explanation of made changes.

 

Chapter VI. Other provisions

31. In the event of introducing amendments and completions to the Operating Instruction, the NBM shall inform the foreign exchange office /the hotel about these amendments and completions through an electronic message sent via the web application, within a reasonable time, but no later than 10 working days before the date of entry into force of these amendments and completions.

32. Upon request, the Operating Instruction, as well as the amendments and completions thereto shall be submitted by the NBM to the foreign exchange office /to the hotel via e-mail or on paper form.

33. The administrator of the foreign exchange office /of the hotel shall be responsible for administration of electronic address (e-mail) of the foreign exchange office /of the hotel indicated in the requests submitted to the NBM in accordance with this Instruction.