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30.12.2016

Regulation on the Setting of the Official Exchange Rate of Moldovan Leu against Foreign Currencies, DCA of the NBM No.3 of January 15, 2009

Note: The translation is unofficial, for information purpose only

Published in the Official Monitor of the Republic of Moldova No.27-29 of February 10, 2009, Art.100

Registered
at Ministry of Justice
of the Republic of Moldova
No. 646 of February 04, 2009

COUNCIL OF ADMINISTRATION
OF THE NATIONAL BANK OF MOLDOVA


DECISION No.3
of January 15, 2009

On the approval of the Regulation on the Setting
of the Official Exchange Rate of Moldovan Leu against Foreign Currencies

Pursuant to Art.11, 51 and 52 of the Law on the National Bank of Moldova No.548-XIII of July 21, 1995 (Official Monitor of the Republic of Moldova, 1995, No.56-57, Art.624), with further modifications and completions, Art.39 and 67 of the Law on Foreign Exchange Regulation No.62-XVI of March 21, 2008 (Official Monitor of the Republic of Moldova, 2008, No.127-130, Art.496), the Council of Administration of the National Bank of Moldova

DECIDES:

1. To approve the Regulation on the Setting of the Official Exchange Rate of Moldovan Leu against Foreign Currencies (see attached).

2. To abrogate the Instruction on the Procedure of Formation, Distribution and Archiving of the Official Exchange Rate of Moldovan Leu, approved by the Decision of the Council of Administration of the National Bank of Moldova No.399 of December 23, 1999 (Official Monitor of the Republic of Moldova, 2000, No.1-4, Art.8), with further modifications and completions.

Chairman
of the Council of Administration

Leonid TALMACI

Annex to
the Decision of the Council of Administration
of the National Bank of Moldova no.3 of January 15, 2009

Regulation
on the Setting of the Official Exchange Rate of Moldovan Leu
against Foreign Currencies

amended and suplimented by:

DCA of the NBM no.346 of December 15, 2016, Official Monitor of the Republic of Moldova no.478-490 of December 30, 2016, art.2325;
DCA of the NBM
no.282 of December 23, 2014, Official Monitor of the Republic of Moldova no.386-396 of December 26, 2014, art.1973;

DCA of the NBM no.56 of March 12, 2009, Official Monitor of the Republic of Moldova no.62-64 of March 27, 2009, art.270;
DCA of the NBM no. 238 of November 25, 2010, Official Monitor of the Republic of Moldova no.254-256 of December 24, 2010, art.1015;
DCA of the NBM no.7 of January 24, 2013, Official Monitor of the Republic of Moldova no. 36-40 of February 22, 2013, art.233;
DCA of the NBM no.221 of November 14, 2013, Official Monitor of the Republic of Moldova no.304-310 of December 27, 2013, art.1912.

(The preamble is excluded by the NBM Decision no.238 of November 25, 2010)

 

Chapter I. General provisions

1. The Regulation on the Setting of the Official Exchange Rate of Moldovan Leu against Foreign Currencies (hereinafter - Regulation) shall use notions defined in the Law on Foreign Exchange Regulation No.62-XVI of March 21, 2008. Also, for the purpose of this Regulation the following notions shall be used:

a) purchase /sale transaction – any transaction between a bank from the Republic of Moldova (the National Bank of Moldova, licensed bank) and a legal entity (including another bank) or an individual, in which one of the parties purchases or sells against Moldovan Lei a certain amount in foreign currency, both amounts being delivered on the negotiated value date and at a determined exchange rate;

b) purchase /sale transaction in the intrabank foreign exchange market – purchase /sale transaction between a bank from the Republic of Moldova (the National Bank of Moldova, licensed bank) and a legal entity (except for another bank) or an individual;

c) purchase /sale transaction in the interbank foreign exchange market – purchase /sale transaction between a bank from the Republic of Moldova (the National Bank of Moldova, licensed bank) and another bank (resident or non-resident);

d) quotation of Moldovan Leu – setting the exchange rate of national currency against foreign currencies.

The notions of spot transaction”, forward transaction” and swap transaction” have the same meanings as defined by the Regulation on the performance of transactions on the interbank foreign exchange market of the Republic of Moldova, approved by the Decision of the National Bank of Moldova no.8 of January 24, 2013, Official Monitor of the Republic of Moldova, 2013, no.36-40, Art.234.
(Item 1 amended by the NBM Decision no.221 of November 14, 2013)
(Item 1 amended by the NBM Decision no.238 of November 25, 2010)

 

2. This Regulation establishes:
a) the list of foreign currencies against which the Moldovan Leu is quoted by the National Bank of Moldova;
b) the method of determining the official exchange rate of Moldovan Leu against foreign currencies;
c) the provisions related to the dissemination, through various means of information, by the National Bank of Moldova of the official exchange rate of Moldovan Leu against foreign currencies to licensed banks and to public;
d) the procedure of reporting by licensed banks of purchase /sale transactions to the National Bank of Moldova.

 

Chapter II.
The list of foreign currencies against which the Moldovan Leu

is quoted by the National Bank of Moldova

3. The National Bank of Moldova shall quote the Moldovan Leu against foreign currencies specified in Attachment No.1 to this Regulation.

4. The name of foreign currencies, its numeric and alphabetic codes are indicated in Attachment No.1 to this Regulation according to the international standard ISO 4217 “Codes for the representation of currencies and funds”, approved by the decision of the National Institute of Standardization and Metrology no.27-ST from August 28, 2008.

5. The list of foreign currencies against which the National Bank of Moldova shall quote Moldovan Leu may be revised upon necessity.

 

Chapter III.
The method of determining the official exchange rate of

Moldovan Leu against foreign currencies

6. The official exchange rate of Moldovan Leu against US Dollar shall be set by the National Bank of Moldova on the bases of information on volumes of spot purchase/sale transactions of US Dollars against Moldovan Lei and the exchange rates applied by the licensed banks and by the National Bank of Moldova for these transactions, reflected in the Report on the Amounts of Foreign Currency Purchased and Sold by the Bank against Moldovan Lei (hereinafter – report).
(Item 6 amended by the NBM Decision no.221 of November 14, 2013)

7. While setting of the official exchange rate of Moldovan Leu against US Dollar, it shall be used the method of arithmetic mean of the average values of prevailing bid and ask rates weighted to the volume of spot purchase /sale transactions performed in the interbank and intrabank foreign exchange market of the Republic of Moldova between 12:30 of the previous working day and 12:30 of the reporting day. When Saturdays are declared working days by the Government Decision, the purchase/sale transactions of that day shall be included in the report of the next working day.
(Item 7 supplemented by the NBM Decision no.346 of December 15, 2016)
(Item 7 amended by the NBM Decision no.221 of November 14, 2013)

8. The report shall be compiled by the licensed banks and by the National Bank of Moldova according to the form and the procedures of its compiling specified in Attachment No.2 to this Regulation and shall include information on purchase /sale transactions regardless of their type (spot, forward, swap etc.). The licensed banks shall submit this report to the National Bank of Moldova from 12:30 PM to 3:00 PM on each working day.
(Item 8 amended by the NBM Decision no.346 of December 15, 2016)
(Item 8 amended by the NBM Decision no.221 of November 14, 2013)

81. The licensed banks shall submit to the National Bank of Moldova the report through the Automated Interbank Payment System.

82. In the event errors are detected in the report submitted on the current working day, the bank shall submit repeatedly the report with the appropriate corrections until 3:45 PM on that working day.

83. In the event errors are detected (by the National Bank of Moldova or the licensed bank) in the report of which data were included in the official exchange rate calculation, the bank shall submit repeatedly the report with the appropriate corrections through the Automated Interbank Payment System no later than three working days after the error detection. At the same time, the bank shall send a message to the email address indicated by the National Bank of Moldova in the Electronic Reporting Rules, by which the bank shall inform the National Bank of Moldova about the repeated submission of the report and explain the errors detected. The message shall mandatory contain the name, surname and telephone number of the responsible person.
[Items 81, 82 and 83 inserted by the NBM Decision no.346 of December 15, 2016]    

9. In the event that the report of the current working day was submitted by the licensed bank after 3:00 PM or the repeated report after 3:45 PM, the information contained in this report shall be excluded from the official exchange rate calculation.
(Item 9 in the wording of the NBM Decision no.346 of December 15, 2016)

10. The official exchange rate of Moldovan Leu against foreign currency, other than US Dollar, shall be set based on the official exchange rate of Moldovan Leu against US Dollar multiplied at the cross-rate of the respective foreign currency against US Dollar set in the international market at 2:00 PM, Chisinau time.

11. In order to set the official exchange rate of Moldovan Leu against the respective foreign currencies, the basic source used for the collection of information on the cross-rates of foreign currencies against US Dollar shall be Bloomberg informational system and, as an alternative source, the Reuters informational system. In the event that the exchange rates in the international market are not available, in order to calculate the official exchange rate of Moldovan Leu, the exchange rates available from other reliable sources (for instance, exchange rates set by the central banks of the respective states, fixing rates established on forex stock exchanges of the respective states etc.) shall be used.
(Item 11 amended by the NBM Decision no. 7 of January 24, 2013)

12. The official exchange rate of Moldovan Leu against US Dollar is automatically determined in accordance with the provisions of item 6 and item 7 and is stored in the informational system of the National Bank of Moldova.
(Item 12 in the wording of the NBM Decision no.221 of November 14, 2013)
(Item 12 amended by the NBM Decision no.238 of November 25, 2010)

13. The official exchange rate of Moldovan Leu is determined by the National Bank of Moldova with four decimals. 
(Item 13 in the wording of the NBM Decision no.221 of November 14, 2013)
(Item 13 amended by the NBM Decision no.238 of November 25, 2010)

14. The official exchange rate of Moldovan Leu against foreign currencies shall be set each working day and shall become valid starting with the next working day. On weekend (holidays), the official exchange rate of the previous day shall be valid. On Saturdays declared working days by the Government Decision, the official exchange rate shall not be calculated, being valid the official exchange rate calculated on the previous working day.
(Item14 supplemented by the NBM Decision no.346 of December 15, 2016)

 

Chapter IV.
The dissemination of the official exchange rate of Moldovan Leu

15. Following the actions provided for in item 12 (but not earlier than 4.00 PM of the day the official exchange rate is calculated), the official exchange rate of Moldovan Leu shall be published on the official website of the National Bank of Moldova (http://www.bnm.md) and distributed to licensed banks through Automated Interbank Payment System or by other means.
(Item 15 amended by the NBM Decision no.346 of December 15, 2016)
(Item 15 in the wording of the NBM Decision no.221 of November 14, 2013)
(Item 15 amended by the NBM Decision no.238 of November 25, 2010)

16. The official exchange rate of Moldovan Leu is also available on the phone indicated on the official website of the National Bank of Moldova.
(Item 16 in the wording of the NBM Decision no.221 of November 14, 2013)
(Item 16 amended by the NBM Decision no. 7 of January 24, 2013)
(Item 16 amended by the NBM Decision no.238 of November 25, 2010)

16.1 No person outside the National Bank of Moldova shall have access to the official exchange rate of Moldovan Leu before the actions referred to in item 15 are taken.
(Item 161 inserted by the NBM Decision no.221 of November 14, 2013)

17. Following the written applications on the official exchange rate of Moldovan Leu against foreign currencies, addressed to the National Bank of Moldova by legal entities and by individuals, the National Bank of Moldova shall communicate in written form the requested information under the terms and the procedures established by the legislation in force. 
(Item 17 amended by the NBM Decision no.221 of November 14, 2013)

 

Chapter V. Final provisions

18. The official exchange rate of Moldovan Leu shall be used according to the provisions of the Law on Foreign Exchange Regulation No.62-XVI of March 21, 2008.

19. For the purpose of foreign exchange regulation, the following foreign currencies shall be considered free convertible currencies: Euro, Pound Sterling, Swiss Franc, Danish Krone, Iceland Krona, Norwegian Krone, Swedish Krona, US Dollar, Canadian Dollar, Australian Dollar, New Zealand Dollar, Japanese Yen, Special Drawing Rights (SDR).

20. The National Bank of Moldova shall ensure the archiving and the storing the official exchange rate of Moldovan Leu.

21. In case of necessity to use the names and the codes of foreign currencies, which are not included in the list from Attachment No.1 to this Regulation, the licensed banks shall use the names /codes of foreign currencies provided for by the international standard ISO 4217 “Codes for the representation of currencies and funds”, approved by the decision of the National Institute of Standardization and Metrology No.27-ST of August 28, 2008.

 

Attachments.pdf     Attachments.doc

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