REGULATIONS OF THE PAYMENT SYSTEM «INTERNATIONAL MONEY TRANSFERS LEADER»

CONTENTS

1. GENERAL INFORMATION ABOUT THE PAYMENT SYSTEM «INTERNATIONAL MONEY TRANSFERS LEADER»

2. INFORMATION ABOUT OPERATOR OF THE PAYMENT SYSTEM «LEADER»

3. DEFINITION OF TERMS

4. GENERAL PROVISIONS, STATUS OF THE REGULATIONS OF THE PAYMENT SYSTEM «LEADER». CONTROL OVER THEIR OBSERVANCE, RESPONSIBILITY FOR THEIR NON-OBSERVANCE

5. ORDER OF INTERACTION BETWEEN THE OPERATOR, THE PARTICIPANTS OF THE PAYMENT SYSTEM «LEADER», THE OPERATORS OF THE PAYMENT INFRASTRUCTURE SERVICES

6. TYPES, CRITERIAS OF PARTICIPATION, SUSPENSIONS AND TERMINATIONS OF PARTICIPATION IN THE PAYMENT SYSTEM «LEADER»

7. ORDER TO ATTRACT AND MAINTAIN A LIST OF THE OPERATORS OF THE PAYMENT INFRASTRUCTURE SERVICES, REQUIREMENTS TO THEM OF THE PAYMENT SYSTEM «LEADER»

8. FORMS OF CASHLESS SETTLEMENTS USED IN THE PAYMENT SYSTEM «LEADER»

9. PROCEDURE OF MONEY TRANSFER IMPLEMENTATION, INCLUDING THE MOMENTS OF OCCURRENCE OF ITS IRREVOCABILITY, UNCONDITIONALITY AND FINALITY

10. ORDER OF THE MAINTENANCE OF FUNDS TRANSFER WITH THE INFORMATION ABOUT THE CLIENT IN ACCORDANCE WITH THE REQUIREMENTS OF THE FEDERAL LAW DATED ON 07.08.2001 № 115-FZ IN THE CASE, IF THEY ARE NOT IN THE POSSESSION OF THE PARTICIPANT OF THE PAYMENT SYSTEM «LEADER»

11. PROCEDURE OF PAYMENT FOR SERVICES ON TRANSFERS

12. PROCEDURE OF PAYMENT CLEARING AND SETTLEMENTS

13. ORDER OF PAYMENT FOR SERVICES OF THE PAYMENT INFRASTRUCTURE, SERVICES OF THE PARTICIPANTS AND THE CERTIFYING CENTER

14. ORDER OF INFORMATION PROVIDING ON ACTIVITIES TO THE OPERATOR BY THE PARTICIPANTS OF THE PAYMENT SYSTEM «LEADER», THE OPERATORS OF THE PAYMENT INFRASTRUCTURE SERVICES

15. RISK MANAGEMENT SYSTEM IN THE PAYMENT SYSTEM «LEADER»

16. PROCEDURE OF ENSURING THE CONTINUITY OF THE PAYMENT SYSTEM «LEADER» FUNCTIONING

17. TIME REGULATIONS OF THE PAYMENT SYSTEM «LEADER» FUNCTIONING

18. PROCEDURE FOR ASSIGNING THE CODE (NUMBER), ALLOWING CONCLUSIVELY TO ESTABLISH THE PARTICIPANT AND TYPE OF ITS PARTICIPATION IN THE PAYMENT SYSTEM «LEADER»

19. PROCEDURE OF OBLIGATIONS PERFORMANCE ON TRANSFERS OF THE PARTICIPANTS OF THE PAYMENT SYSTEM «LEADER»

20. ORDER OF INTERACTION IN THE FRAMEWORK OF THE PAYMENT SYSTEM «LEADER» IN THE DISPUTED AND EMERGENCY SITUATIONS

21. REQUIREMENTS FOR INFORMATION PROTECTION

22. ORDER OF ELECTRONIC DOCUMENT MANAGEMENT

23. PROCEDURE OF INTERACTION WITH PAYMENT SYSTEMS, THE LIST OF PAYMENT SYSTEMS

24. ORDER OF CHANGE OF THE REGULATIONS OF THE PAYMENT SYSTEM «LEADER»

25. PROCEDURE OF PRETRIAL SETTLEMENT OF DISPUTES WITH THE PARTICIPANTS AND THE OPERATORS OF THE PAYMENT INFRASTRUCTURE SERVICES

26. TRADEMARKS OF THE PAYMENT SYSTEM «LEADER» AND THE REGULATIONS FOR THEIR USE

27. FEATURES OF PAYMENT TERMINALS OPERATION OF THE PARTICIPANT IN THE PAYMENT SYSTEM «LEADER»

28. FEATURES OF TRANSFERS IMPLEMENTATION WITH THE USE OF THE CLIENT CARD OF THE PAYMENT SYSTEM «LEADER»

29. REGULATIONS OF THE CONTROL OF THE PAYMENT SYSTEM «LEADER» IN THE SPHERE OF COUNTERACTION TO LEGALIZATION (LAUNDERING) OF INCOMES, RECEIVED BY CRIMINAL WAY AND FINANCING OF TERRORISM

30. INTERACTION OF THE OPERATOR OF THE PAYMENT SYSTEM «LEADER» WITH THE PARTNERS

Addendum № 1

Addendum № 1.2

Addendum № 2

 

1.   GENERAL INFORMATION ABOUT THE PAYMENT SYSTEM «INTERNATIONAL MONEY TRANSFERS LEADER»

The Payment System «International Money Transfers LEADER»/The Payment System «LEADER»is a payment system, which is a set of organizations, including OPERATOR, Operators of payment infrastructure services, CERTIFYING CENTER, PARTICIPANTS and PARTNERS, interacting in the framework of the Payment System «LEADER» for the implementation of money transfers, including Electronic money (except for postal transfers).

Under the Payment System «LEADER» in the framework of the present REGULATIONS is understood a set of relationships and procedures, arising in the process of implementation of money transfer, including Electronic money in the framework of the hardware-software complex «International Money Transfers LEADER».

In the framework of the Payment System «LEADER» money transfers are implemented:

  • of individual persons without opening of accounts, from the accounts opened in credit institutions, in favor of individual persons for the payment in the form of cash or credited to the account;
  • money transfers of individual persons to the accounts of legal entities;
  • money transfers from accounts of legal entities in favor of individual persons for the payment in the form of cash or credited to the account;
  • Electronic money transfers of funds from the use of Electronic means of payment.

Transfer of individual person without opening of the account in favor of the individual person for payment in the form of cash should not be connected with the entrepreneurial and/or investing activities.

 

2.  INFORMATION ABOUT OPERATOR OF THE PAYMENT SYSTEM «LEADER»

OPERATOR of the Payment System «LEADER» is a non-Bank credit organization closed joint-stock company «LEADER» is a credit institution established and operating in accordance with the legislation of the Russian Federation, which determines the REGULATIONS of the Payment System «LEADER» and controlling their observance by the PARTICIPANTS, the Operators of payment infrastructure services and the CLIENTS.

Abbreviated corporate name of the OPERATOR - NCO CJSC «LEADER»; License for carrying out banking operations № 3304-К, issued by the Bank of Russia on 19.01.2012.

 

3.   DEFINITION OF TERMS

OPERATOR/SYSTEM OPERATORis an organization, which is the Operator of money transfer, carrying out TRANSFERS, which determines the REGULATIONS of the Payment System «LEADER», conditions of participation in the Payment System «LEADER», the tariffs charged from senders of TRANSFERS, standards of interrelations and operation procedures of the Payment System «LEADER»; providing its functioning, processing of financial transactions; establishes the size of commission fee of the PARTICIPANTS, which is charged from the senders of TRANSFERS; carries out the control over observance of these REGULATIONS, TARIFFS, standards and procedures, as well as the resolution of conflicts arising between the CLIENTS, PARTICIPANTS, OPERATOR, Operators of payment infrastructure services; performs other functions in the framework of the Payment System «LEADER», provided by the present REGULATIONS, including settlements on money TRANSFERS when performing the functions of the SETTLEMENT CENTER.

OPERATOR shall have the right to perform functions of the SETTLEMENT CENTER, OPERATIONAL CENTER, PAYMENT CLEARING CENTER, CENTRAL PAYMENT CLEARING COUNTERPARTY and CERTIFYING CENTER, and also to involve on a contractual basis organizations which meet the requirements of the legislation of the Russian Federation and the present REGULATIONS, in order to perform these functions.

OPERATOR on its behalf concludes an agreement with the PARTICIPANTS, PARTNERS, including the Russian and foreign payment systems, financial, postal organizations that are not PARTICIPANTS of the Payment System «LEADER», in order to conduct TRANSFERS in accordance with the federal and international laws.

TRANSFERSare the following types of money transfers, including cross-border, carried out by the Payment System «LEADER»:

  • transfers of individuals without opening accounts, from the accounts opened in credit institutions, in favor of individuals for the payment in the form of cash or credited to the account;
  • transfers of individuals without opening accounts, from the accounts opened in credit institutions to the accounts of legal entities;
  • money transfers from accounts of legal entities in favor of individuals for the payment in the form of cash or credited to the account;
  • transfer of Electronic money with the use of Electronic means of payment.    

Irrevocability of money transferis the termination of the possibility to recall the order of carrying out a TRANSFER in the certain moment of time.

Unconditionality of money transferis the absence of the conditions or the fulfillment of all the conditions for realization of TRANSFER at a certain moment of time.

Finality of money transferis the provision of money to the recipient in the certain moment of time.

CLIENTis an individual or legal person (resident/non-resident of the Russian Federation), who sends and/or receives the TRANSFER via the Payment System «LEADER», including Electronic money transfer, which is the sender and/or recipient of the TRANSFER.

CLIENT Card of the PAYMENT SYSTEM «LEADER»/CLIENT Cardis an information carrier, used by the CLIENT - sender (individual person) of the TRANSFER in the Points of TRANSFERS reception-payment and Payment terminals of the PARTICIPANTS for a bunch of data about the sender of the TRANSFER with the potential beneficiaries of the TRANSFER.

PARTICIPANT/SYSTEM PARTICIPANTis a credit institution (Operator of money transfer, Operator of electronic cash), which carries out money transfers of individuals on the basis of the license (permission), or the legislation of the country of location, which has concluded with the OPERATOR an agreement on participation in the Payment system «International Money Transfers LEADER» or other agreement on the implementation of the individual types of TRANSFERS via the Payment System «LEADER», and which provides the services on reception, processing, sending, pay out of money transfers, or part of the above mentioned services with the use of the Payment System «LEADER».

PARTICIPANTS may be other organizations, the list of which is stipulated by the legislation of the Russian Federation on the national payment system.

PARTICIPANT has the right to invite to cooperation as indirect PARTICIPANTS of the Payment System «LEADER» Operators of money transfers, which carry out money transfers of individuals on the basis of the license (permission), or the law of the country of location.

PARTICIPANT is entitled on the basis of an agreement to attract bank payment agents (BPA) and bank payment subagents (BPS) for the purposes of participation in the provision of services on TRANSFERS in accordance with the legislation of the Russian Federation. The PARTICIPANT bears responsibility to the OPERATOR for the actions of invited third persons.

PARTICIPANT (its BPA and BPS, which carrying out the activity in the Payment System «LEADER» on behalf of the PARTICIPANT) for the purposes of these REGULATIONS may act as a PARTICIPANT-SENDER and PARTICIPANT-RECIPIENT, depending on what operations it performs, acceptance of TRANSFER/TRANSFER sending from the account or TRANSFER pay out/crediting to the account respectively.

PARTICIPANT-SENDERis a PARTICIPANT which receives money funds in cash form/debiting money funds in cashless order from the account, and the sender’s order on TRANSFER implementation or the sender’s order on transfer of Electronic money funds to beneficiary.

PARTICIPANT-BENEFICIARYis a PARTICIPANT which carries out TRANSFER pay out/crediting to the account of the beneficiary or increases the balance of Electronic money funds of the beneficiary on the amount of the transfer of Electronic money funds.

PARTICIPANT-SENDER and PARTICIPANT-BENEFICIARY for the purposes of these REGULATIONS refer to the PARTICIPANTS and their BPA/BPS, attracted by the PARTICIPANT to implement the activities in the Payment System «LEADER» on behalf of the PARTICIPANT.

PARTNERis a foreign payment system, foreign financial and postal organizations, Russian and foreign legal entities that are not PARTICIPANTS, which carries out in the framework of agreements with the OPERATOR sending and/or pay out of certain types of TRANSFERS. Unless otherwise provided by agreements of the OPERATOR and the PARTNER, the provisions of these REGULATIONS, including all the requirements of the present REGULATIONS to the PARTICIPANTS are obligatory for execution by the PARTNERS.

Operator of payment infrastructure servicesis an OPERATIONAL CENTER, PAYMENT CLEARING CENTER, SETTLEMENTS CENTER, CENTRAL PAYMENT CLEARING COUNTERPARTY.

OPERATIONAL CENTERis the organization engaged in operating services by providing access for PARTICIPANTS of the Payment System «LEADER» and the CLIENTS to the services on TRANSFERS, including the use of Electronic means of payment, the services of an exchange of electronic messages between the PARTICIPANTS, SETTLEMENT CENTER, PAYMENT CLEARING CENTER, OPERATIONAL CENTER, OPERATOR, CERTIFYING CENTER, as well as carrying out other functions assigned to it by the present REGULATIONS.

OPERATOR or organization attracted by the OPERATOR that meets the requirements of the legislation of the Russian Federation and the present REGULATIONS can be engaged as an OPERATIONAL CENTER.

PAYMENT CLEARING CENTERis an organization which is created in accordance with the legislation of the Russian Federation, carries out the services of payment clearing through the provision in the framework of the Payment System «LEADER» of admission to the execution of payment orders of the PARTICIPANTS, OPERATOR, and performs other functions assigned to it by the present REGULATIONS.

As a PAYMENT CLEARING CENTER can be the OPERATOR or organization attracted by the OPERATOR that meets the requirements of the legislation of the Russian Federation and the present REGULATIONS.

CENTRAL PAYMENT CLEARING COUNTERPARTY (CPCC)is a PAYMENT CLEARING CENTER of the Payment System «LEADER» which is the payer and the recipient of money transfer funds of the PARTICIPANTS. The functions of the CENTRAL PAYMENT CLEARING COUNTERPARTY are performed by the OPERATOR.

PAYMENT CLEARING POSITIONSis the amount of money funds to be written off and credited by the SETTLEMENT CENTRE on the bank accounts of the PARTICIPANTS of the Payment System «LEADER».

SETTLEMENT CENTERis an organization which is created in accordance with the legislation of the Russian Federation, engaged in the settlement services through the provision in the framework of the Payment System «LEADER» of execution of payment orders of the PARTICIPANTS, OPERATOR, by debiting and crediting of money funds on the bank accounts of the PARTICIPANTS, opened with the OPERATOR, or by means of the implementation of the calculations with the use of accounts opened with other credit organizations, as well as providing evidence sending relating to the execution of orders of the PARTICIPANTS.

As a SETTLEMENT CENTER can be the OPERATOR or organization attracted by the OPERATOR that meets the requirements of the legislation of the Russian Federation and the present REGULATIONS.

CERTIFYING CENTERis an organization which carries out the functions of creating and issuing of key certificates for checking the analogue of a handwritten signature (AHS), as well as for registration of AHS public key in the electronic document management System (EDMS).

As a CERTIFYING CENTER can be the OPERATOR or organization attracted by the OPERATOR that meets the requirements of the legislation of the Russian Federation and the present REGULATIONS.

AGREEMENTis an agreement on participation in the Payment system «International Money Transfers LEADER», concluded between the OPERATOR and the PARTICIPANT, regulating the procedure for the implementation of money transfers, including Electronic money funds via the Payment System «LEADER». These REGULATIONS are an integral part of the AGREEMENT. For the purposes of these REGULATIONS to the term of the AGREEMENT may be applied agreement concluded between the OPERATOR and the PARTNER, in particular, any payment system, allowing to implement money transfers, including Electronic money funds (hereinafter - intersystem agreement), or any other intersystem agreement.

TARIFF is a system of established amounts of commissions by the OPERATOR charged from the sender of the TRANSFER by the PARTICIPANT - SENDER, part of which shall be subject to the payment by the PARTICIPANT - SENDER to the OPERATOR for the implementation of the information and technological interaction and/or settlements via the Payment System «LEADER», connected with the implementation of money transfers, including Electronic money funds. TARIFF is determined taking into account Points of TRANSFERS receipt/pay out, in which TRANSFER sending/pay out may be implemented, as well as the amount of commissions to be paid by the CLIENT when changing data/return of the TRANSFER.

TARIFF shall not be subject to value added tax in accordance with subparagraph. 3 p. 3, art. 149 of the Tax code of the Russian Federation.

Commission charged from the sender of the TRANSFER by the PARTICIPANT-SENDER shall be distributed between PARTICIPANT-SENDER, PARTICIPANT-RECIPIENT and OPERATOR.

Point of TRANSFERS receipt/pay out / Point of CUSTOMER service via the SYSTEM LEADERis registered in the Payment System «LEADER» place of CUSTOMER service by the PARTICIPANT (its BPA/BPS), which accepts TRANSFERS from senders and/or TRANSFERS are paid out to the recipients.

REMOTE METHOD of CUSTOMER SERVICEis TRANSFER implementation through the way of providing to the CLIENTS the possibility of order transmission for TRANSFER without use of PARTICIPANT’s cash-desk, in particular through the use of Internet-banking system, ATMs, payment terminals (including ATMs and payment terminals of PARTICIPANT’s BPA/BPS), Electronic means of payment, etc.

Payment terminalis a device functioning in the automatic mode, which is used for the compilation and transmission by the CLIENT orders on a TRANSFER and to receive cash money from the CLIENT, as well as for the compilation and transmission by the CLIENT orders on a TRANSFER of Electronic money funds with the use of information and communication technologies.

Operator of money transfersis a credit organization which in accordance with the legislation of the Russian Federation has the right to carry out the transfer of money funds.

Operator of electronic moneyis an Operator of money transfers which carries out the transfer of Electronic money without opening a bank account (transfer of Electronic money).

Electronic moneyis a money, previously granted by one person (the person who provided money funds) to another person, taking into account the information about the amount of provided money funds without opening a bank account (obligated person), for the performance of monetary obligations of the entity that provided money funds to third parties and in respect of which the person which provided money funds, has the right to send orders by using Electronic means of payment.

Electronic means of paymentis a means and/or way to allow the CLIENT of the Operator of money transfers to form, certify, and transmit the orders in order to make a TRANSFER in the framework of the existing forms of cashless settlements with the use of information and communication technologies, electronic media, including payment cards, as well as other technical devices and instruments.

SYSTEM ADMINISTRATORis a structural division of the OPERATOR performing the function for the support and consulting of PARTICIPANTS and CLIENTS of the Payment System «LEADER».

Settlements Departmentis a structural subdivision of the OPERATOR of the Payment System «LEADER» and/or the SETTLEMENT CENTER, responsible for carrying out settlements with the PARTICIPANTS, Operators of payment infrastructure services for the transactions in the Payment System «LEADER», and also to ensure the direction of the evidence relating to the execution of orders of PARTICIPANTS, OPERATOR.

RESPONSIBLE FOR SETTLEMENTSis an authorized person of the PARTICIPANT, responsible for carrying out settlements between the PARTICIPANT, OPERATOR, Operators of payment infrastructure services.

Authorized person of the PARTICIPANTis an employee of the PARTICIPANT (or its BPA/BPS), using EDMS of the Payment System «LEADER», entrusted by the PARTICIPANT with the right to sign, receive and send to the OPERATOR, OPERATIONAL CENTER, SERIFYING CENTER ESID via EDMS, including electronic documents, executed by the form of the OPERATOR.

Operator of the PARTICIPANTis an employee of the PARTICIPANT (or its BPA/BPS), using EDMS, engaged in operations on TRANSFERS, entrusted by the PARTICIPANT with the right to sign, receive and send to the OPERATOR, OPERATIONAL CENTER, PAYMENT CLEARING CENTER (PCC), IDENTITYING CENTER of EPD, ESID and other electronic records via EDMS, except for the documents, signed by the head of the PARTICIPANT or the Authorized person of the PARTICIPANT (or its BPA/BPS) in accordance with these REGULATIONS.

SOFTWARE «LEADER», SOFTWARE «LEO»is software complexes of the Payment System «LEADER», ensuring the access of the PARTICIPANTS and the CLIENTS to the Payment System «LEADER», reception, transmission of orders on TRANSFER, collection and storage of information on TRANSFERS, settlements on them and other information in the framework of the Payment System «LEADER».

SYSTEM DIRECTORY is built and actualized by the OPERATOR the system of information data, containing data about PARTICIPANT’s CUSTOMER service Points according to the SYSTEM LEADER, their BPA/BPS, as well as the PARTNERS, their work and their conditions of TRANSFERS implementation.

AGREED MEANS of COMMUNICATIONis a hardware-software complex «International Money Transfers LEADER», containing analogue of a handwritten signature and/or other identifiers (electronic keys, codes, etc.), the exchange of which is made between the PARTICIPANT (its BPA/BPS) and the OPERATOR, the PARTICIPANT (its BPA/BPS) and OPERATIONAL CENTER/PAYMENT CLEARING CENTER (PCC), the PARTICIPANT (its BPA/BPS) and the CERTIFYING CENTER in established manner, and allow you to install the sender of EPD, ESID or other electronic document via EDMS. The PARTICIPANT (its BPA/BPS), the OPERATOR, the CERTIFYING CENTER and the Operators of the payment infrastructure services acknowledge the legal effect of documents received via the AGREED MEANS of COMMUNICATION.

EDMSis a System of electronic document management in the SOFTWARE «LEADER» and the SOFTWARE «LEO» of the hardware-software complex «International Money Transfers LEADER». EDMS is a software product that provides the connection and the work of the PARTICIPANT (its BPA/BPS), using EDMS in the Payment System «LEADER». As electronic documents in EDMS are formed EPD, ESID and other electronic documents, signed by the (protected) electronic AHS of the parties.

EPDis an electronic payment document which is the basis for carrying out of operations on TRANSFERS according to the present REGULATIONS, as well as for carrying out settlements between the PARTICIPANT, the OPERATOR and the Operators of payment infrastructure services. EPD, signed by (protected) AHS of the PARTICIPANT (its BPA/BPS), the OPERATOR, the Operator of the payment infrastructure services has equal legal force with the payment documents on paper, signed with the signatures of the persons authorized to dispose bank accounts of the PARTICIPANT (its BPA/BPS), the OPERATOR and the Operator of the payment infrastructure services and fastened with a print of a seal of the PARTICIPANT (its BPA/BPS), the OPERATOR and the Operator of the payment infrastructure services.

ESID is an electronic service information document, signed (protected) with AHS of the PARTICIPANT (its BPA/BPS), the OPERATOR, the Operator of the payment infrastructure services, having equal legal force with the payment documents on paper, signed with the signatures of the persons authorized to dispose bank accounts of the PARTICIPANT (its BPA/BPS), the OPERATOR and the Operator of the payment infrastructure services and fastened with a print of a seal of the PARTICIPANT (its BPA/BPS), the OPERATOR and the Operator of the payment infrastructure services, and providing the exchange of information between the parties upon completion of payment, carrying out transactions in the Payment System «LEADER» and etc., including, but not limited to: formalized electronic requests, responses, the application in the form of the OPERATOR, notices, messages in free form, etc.

AML/FTis a counteracting legalization (laundering) of incomes, obtained by criminal ways and financing of terrorism.

 

4.   GENERAL PROVISIONS, STATUS OF THE REGULATIONS OF THE PAYMENT SYSTEM «LEADER». CONTROL OVER THEIR OBSERVANCE, RESPONSIBILITY FOR THEIR NON-OBSERVANCE

4.1. Under the REGULATIONS shall mean the REGULATIONS of the Payment system «International Money Transfers LEADER», including all its addendums, containing the principles, procedure and conditions for the functioning of the Payment System «LEADER», conditions of participation in the Payment System «LEADER», mechanisms of interaction between the CLIENTS, PARTICIPANTS, OPERATORS, Operators of payment infrastructure services and CERTIFYING CENTER in the framework of the Payment System «LEADER», regulating the procedure of TRANSFERS implementation, the provision of services in the framework of the Payment System «LEADER» and other provisions, provided by the present REGULATIONS.

4.2. The text of these REGULATIONS is published on the official site of the Payment System «LEADER» in the Internet network at the address www.leadermt.ru. Interpretation of the REGULATIONS is conducted in accordance with the legislation of the Russian Federation. The PARTICIPANTS, Operators payment infrastructure services join these REGULATIONS by taking them as a whole at the time of the conclusion of AGREEMENT and/or the relevant agreement with the OPERATOR. If the legislation of the country of domicile of the PARTICIPANT, the Operator of the payment infrastructure services provides for the obligation of the inclusion in the agreement with the counterparties, including with the OPERATOR, provisions not provided for in the REGULATIONS, the OPERATOR includes the relevant provisions in the AGREEMENT and the agreements with the PARTICIPANT, the Operator of the payment infrastructure services.

4.3. The function of control over the observance of the REGULATIONS is done by the OPERATOR in a way of performance of the actions complex stipulated by the REGULATIONS. All parts of these REGULATIONS are obligatory for execution by the OPERATOR, PARTICIPANTS, Operators of the payment infrastructure services. The failure to perform or improper performance of the provisions, stipulated by the present REGULATIONS by the PARTICIPANTS, Operators of payment infrastructure services is the reason for their attraction to responsibility in accordance with the current legislation of the Russian Federation, the provisions of these REGULATIONS, AGREEMENTS and appropriate agreements with the OPERATOR, including termination of AGREEMENTS and contracts and compensation of losses in full.

4.3.1. The PARTICIPANT (its BPA/BPS) which accepts a TRANSFER, including carrying out the transfer of Electronic money, bears full responsibility for the violation of the present REGULATIONS, the terms of AGREEMENT, the requirements of the legislation of the country where the PARTICIPANT is located and registered, when receiving a TRANSFER, including the transfer of Electronic money, as well as for the decision making on its acceptance and implementation, if in accordance with the legislation and normative acts of the PARTICIPANT any TRANSFER can be recognized as illegal.

4.3.2. The PARTICIPANT (its BPA/BPS), paying out/crediting to the account of the TRANSFER, which carries out the transfer of Electronic money, bears full responsibility for violation of requirements of the legislation of the country of registration and location of the PARTICIPANT, these REGULATIONS and conditions of the AGREEMENT when paying out the TRANSFER to the recipient, crediting to the account, transfer implementation of Electronic money, including the decision making on pay out/crediting to the account, transfer implementation of Electronic money.

 In case of Operator’s doubt in PARTICIPANT’s (its BPA/BPS) legitimacy of TRANSFER acceptance/debiting from account/pay out/credited to the account, transfer implementation of Electronic money, the Operator of the PARTICIPANT (its BPA/BPS) are obliged to undertake all possible precautions, provided by the legislation of the country of registration and location of the PARTICIPANT and the internal documents of the PARTICIPANT.

4.3.3. The PARTICIPANT, the Operator of the payment infrastructure services bear responsibility for failure to execute/improper execution of conditions of the present REGULATIONS, the errors and abuses of Operators of the PARTICIPANT (its BPA/BPS), Authorized persons of the PARTICIPANT (its BPA/BPS), cashiers, other employees, authorized to represent the interests of the PARTICIPANT in the relationship with the OPERATOR in order to implement TRANSFERS by the PARTICIPANT (its BPA/BPS) through Points of TRANSFERS acceptance/pay out, REMOTE METHODS of CUSTOMER SERVICE, ATMs, Payment terminals, as well as for the actions of representatives of the Operator's of payment infrastructure services, the PARTICIPANT (its BPA/BPS), performed by them in the work with the use of Payment System «LEADER». The PARTICIPANT, the Operator of payment infrastructure services attracted by the OPERATOR on a contractual basis undertake to reimburse the OPERATOR the damage, which it suffered as a result of non-performance/improper performance of the terms of these REGULATIONS, error or abuse of persons specified in this paragraph, within 3 (Three) working days from the moment of claim introduction of the OPERATOR with enclosed documents substantiating the claim.

4.3.4. The PARTICIPANT shall be liable in full for all operations performed in the Payment System «LEADER» by the PARTICIPANT (its BPA/BPS) with the use of Points of TRANSFER receipt/pay out, ATMs and Payment terminals connected to the Payment System «LEADER», and also with the use of REMOTE METHODS of CUSTOMER SERVICE. In the case if the OPERATOR, the Operator of the payment infrastructure services have a damage as a result of implementation of any operations in the Payment System «LEADER» with the use of Points of TRANSFER receipt/pay out, ATMs and Payment terminals of the PARTICIPANT (its BPA/BPS), connected to the Payment System «LEADER», or with the use of REMOTE METHODS of CUSTOMER SERVICE of the PARTICIPANT (its BPA/BPS), a damage caused to the OPERATOR, the Operator of the payment infrastructure services shall be compensable to the PARTICIPANT within 3 (Three) working days from the moment of OPERATOR’s and/or the Operator’s of the payment infrastructure services claim with enclosed documents substantiating the claim.

4.3.5. The Operator of the payment infrastructure services is responsible in full for the proper performance of their functions as provided for by these REGULATIONS and the agreements with the OPERATOR and/or with the PARTICIPANTS. In the case if the OPERATOR, the PARTICIPANT has a damage as a result of the failure/improper fulfillment by the Operator of the payment infrastructure services functions provided for by these REGULATIONS and the agreements with the OPERATOR and/or with the PARTICIPANTS, caused damage shall be compensable to the Operator of the payment infrastructure services within 3 (Three) working days from the moment of delivery of a such claim of the OPERATOR and/or the PARTICIPANT with enclosed documents substantiating the claim.

4.3.6. The OPERATOR, the PARTICIPANTS, the Operators of the payment infrastructure services bear responsibility for the unfavorable consequences caused by violation of the requirements of the REGULATIONS, AGREEMENTS concluded by means of caused losses compensation in full.

 

5.  ORDER OF INTERACTION BETWEEN THE OPERATOR, THE PARTICIPANTS OF THE PAYMENT SYSTEM «LEADER», THE OPERATORS OF THE PAYMENT INFRASTRUCTURE SERVICES

5.1. The infrastructure of the Payment System «LEADER» is represented by the following entities:

  • OPERATOR;
  • PARTICIPANTS;
  • CERTIFYING CENTER;
  • Operators of the payment infrastructure services:   
  • OPERATIONAL CENTER;
  • PAYMENT CLEARING CENTER (PCC);
  • SETTLEMENT CENTER;

5.2. All the subjects of the infrastructure of the Payment System «LEADER» recognize that the Payment System «LEADER» is oriented on the specifications and standards implemented by international money transfer systems and meets the requirements of the Committee on payment and settlement systems of the International Settlements Banks and experts in the field of information and computer technologies of the Central Banks of the countries of the «Group of ten» (G-10) to the construction of the international settlement systems.

The interaction of the infrastructure subjects of the Payment System «LEADER» is based on the fact that TRANSFERS and other transactions in the Payment System «LEADER» are made in strict accordance with the international standards, the recommendations of The Financial Action Task Force on Money Laundering (FATF), the recommendations of the Basel Committee on banking supervision, the Federal law of the Russian Federation, legal acts of the Bank of Russia, the REGULATIONS and agreements concluded between the subjects of the infrastructure of the Payment System «LEADER», and for transactions implementation in the Payment System «LEADER» outside the territory of the Russian Federation - in the part not contradicting the current legislation of the PARTICIPANTS - non-residents of the Russian Federation.

In accordance with the Civil code of the Russian Federation and the international acts, the right, subject to the application of the civil law relations with the participation of foreign citizens or foreign legal persons or civil legal relations complicated by another foreign element, including in the cases when the object of civil rights is abroad, is applied the law of the country with which the civil-legal relations, complicated by foreign element, is most closely connected. Proceeding from the fact that the OPERATOR and the server part of SOFTWARE «LEADER», SOFTWARE «LEO» are located on the territory of the Russian Federation, in the relations between the OPERATOR AND the PARTICIPANTS, the CERTIFYING CENTER, the Operators of the payment infrastructure services and the CLIENTS the right of the Russian Federation is applied.

5.3. The OPERATOR is also the Operator of the payment infrastructure services (OPERATIONAL CENTER, PAYMENT CLEARING CENTER (PCC), SETTLEMENT CENTER), interacts with the PARTICIPANTS in the procedure established by these REGULATIONS and the AGREEMENTS concluded with each PARTICIPANT.

The OPERATOR, as the Operator of the payment infrastructure services, has the right to additionally involve on a contractual basis for the activities of the Payment System «LEADER», OPERATIONAL CENTRE, PAYING CLEARING CENTER, SETTLEMENT CENTER, as well as the CERTIFYING CENTER. The interaction between the said subjects with the OPERATOR, the PARTICIPANTS is carried out in accordance with the agreements with the OPERATOR and the present REGULATIONS, and also in accordance with the agreements concluded by the Operators of the payment infrastructure services and the CERTIFYING CENTER with each PARTICIPANT.

The order of interaction between the OPERATOR, the PARTICIPANTS, the CERTIFYING CENTER and the Operators of the payment infrastructure services is based on a clear implementation of the responsibilities by the OPERATOR, the PARTICIPANT, the CERTIFYING CENTER and the Operators of the payment infrastructure services, stipulated by the present REGULATIONS, as well as on the strict observance of the requirements set out in Chapter 7 of these REGULATIONS by the Operator of the payment infrastructure services.

5.4. Performing the functions of a CENTRAL PAYMENT CLEARING COUNTERPARTY (CPCC) the OPERATOR is the payer and the recipient of the funds on money transfers of the PARTICIPANTS.

CPCC shall be obliged to:

  • have funds sufficient to fulfill its obligations in the framework of the SYSTEM, or to ensure the fulfillment of its obligations, including at the expense of the guarantee fund, in the amount of the maximum commitment under which CPCC becomes the payer during the Reporting period;
  • daily exercise control over the risks of non-fulfillment (improper fulfillment) by the PARTICIPANTS of their respective obligations on money transfers, apply in respect of the PARTICIPANTS, the analysis of the financial condition says about an increased risk, restrictive measures, including the complete suspension of TRANSFERS implementation by the PARTICIPANTS, establishment of the maximum size of the payment clearing position, and claim a greater amount of security for the obligations of the PARTICIPANTS on money transfers.

 

6.   TYPES, CRITERIAS OF PARTICIPATION, SUSPENSIONS AND TERMINATIONS OF PARTICIPATION IN THE PAYMENT SYSTEM «LEADER»

6.1. Types of participation in the Payment System «LEADER», the rights and obligations of the PARTICIPANTS.

6.1.1. The Payment System «LEADER» provides direct and indirect participation. At direct participation in the Payment System «LEADER» in order to implement settlements on transactions in the Payment System «LEADER» the PARTICIPANT opens a bank account(s) (LORO accounts) in the SETTLEMENT CENTRE (with the OPERATOR or with the SETTLEMENT CENTRE attracted by the OPERATOR). The PARTICIPANT, which is not a credit organization, opens a bank account in the SETTLEMENT CENTER. The PARTICIPANT shall be entitled to open in the SETTLEMENT CENTRE the bank accounts in the following currencies: Russian rubles, US dollars and Euro. The AGREEMENT may stipulate a condition of opening by the PARTICIPANT in the SETTLEMENT CENTRE the accounts in other currencies.

6.1.2. At indirect participation in the Payment System «LEADER» indirect PARTICIPANT in order to implement settlements on transactions in the Payment System «LEADER» opens a bank account (LORO accounts) with a direct PARTICIPANT. The indirect PARTICIPANT, which is not a credit organization, opens with the direct PARTICIPANT a bank account. The Indirect PARTICIPANT shall have the right to send to the OPERATOR an official letter with a statement of the need to acquire the status of a direct PARTICIPANT, as well as directly address to the OPERATOR on all questions connected with the participation of the indirect PARTICIPANT in the Payment System «LEADER».

6.1.3. The relationship between the direct and indirect PARTICIPANT are governed by these REGULATIONS and bank account agreements concluded between them.

6.1.4. The PARTICIPANT has the right to:

  • choose the type of its participation in the Payment System «LEADER»;
  • send/pay out all kinds of TRANSFERS via the Payment System «LEADER» or its separate kinds;
  • attract BPA in order to implement TRANSFERS by the PARTICIPANT, provide its BPA the right to attract BPS provided that BPA and BPS observe the legislation on the national payment system and these REGULATIONS;
  • use all the opportunities that are presented in the Payment System «LEADER», implement all the rights provided to the PARTICIPANT by the present REGULATIONS and the AGREEMENT;
  • suspend or terminate its participation in the Payment System «LEADER».

6.1.5. The PARTICIPANT undertakes to:

  • provide the OPERATOR all the necessary documents for participation in the Payment System «LEADER», as stipulated by the AGREEMENT and the present REGULATIONS (according to Addendum № 1 of the REGULATIONS);
  • within 3 (Three) working days from the date of amendments in the documents, submitted in accordance with the AGREEMENT and these REGULATIONS, to inform the OPERATOR about these changes with the subsequent delivery of their duly certified copies;
  • comply with the terms of the AGREEMENT and the present REGULATIONS, including all addendums thereto;
  • bear all costs associated with the entry and participation in the Payment System «LEADER»;
  • provide technical requirements of participation in the Payment System «LEADER», provided by the present REGULATIONS;
  • provide banking secrets, the protection of personal data in accordance with the present REGULATIONS, the legislation of the Russian Federation and the legislation of the country of registration and location of the PARTICIPANT;
  • to ensure protection of information on means and methods of ensuring information security and other information subject to mandatory protection in accordance with the legislation of the Russian Federation;
  • promote the development of the Payment System «LEADER»;
  • provide services at a high level of quality;
  •  pay in full on transactions in the Payment System «LEADER» in the order and terms, stipulated by the AGREEMENT and the REGULATIONS;
  • comply with the conditions of bank account agreements concluded with the SETTLEMENT CENTRE (for the direct PARTICIPANTS), or the terms of bank account agreements concluded with the direct PARTICIPANTS (for the indirect PARTICIPANTS);
  • bear responsibility to the OPERATOR and the Operator of the payment infrastructure services for TRANSFERS implementation, including those implemented with the imposition of BPA/BPS by the PARTICIPANT, for all activities in the Payment System «LEADER», performed with the use of the keys of the PARTICIPANT’s Authorized persons (its BPA/BPS), the Operators of the PARTICIPANT (its BPA/BPS);
  • in the electronic form according to the AGREED MEANS of COMMUNICATION to represent the OPERATOR of the financial report (balance, calculation of mandatory economic standards, the calculation of the own funds and profit and loss statement) as of each balance sheet date.

 

6.2. Criteria for eligibility to participate, the documents necessary for participation in the Payment System «LEADER»

6.2.1. In order to participate in the Payment System «LEADER» the potential PARTICIPANT should meet the following requirements:

  • presence of necessary licenses (permits) to carry out activity on money transfers in accordance with the requirements of the legislation of the country of its location and registration;
  • bsence of debts on payments in the budget in accordance with the legislation of the location and registration;
  • financial sustainability, as determined by the OPERATOR on the basis of the data of the financial statements;
  • he implementation of measures on counteraction of legalization (laundering) of incomes, received by a criminal way, and financing of terrorism, established by the FATF;
  • he possibility to fulfill all the requirements of the present REGULATIONS, including the technical requirements by the OPERATOR to the PARTICIPANT as a whole and, in particular, to the subscriber point of EDMS, provided for by chapter 22 of the present REGULATIONS;
  • compliance with the requirements to protection of information on implementation of money TRANSFERS, and other transactions in the Payment System «LEADER», stipulated by the legislation of the Russian Federation, normative acts of the Bank of Russia and these REGULATIONS;
  • provision of bank secret and personal data protection in accordance with the legislation of the Russian Federation and the country of location and registration;
  • due execution and document submission to the OPERATOR mentioned in Addendum 1 of the REGULATIONS;
  • conclusion of AGREEMENT with the OPEARTOR and if necessary the conclusion of relevant agreements with the Operators of the payment infrastructure services;
  • conclusion with the SETTLEMENT CENTRE of the Payment System «LEADER» of the agreement (agreements) on opening of a bank account(s) - for direct PARTICIPANT; conclusion with a direct PARTICIPANT of the agreement (agreements) on the opening of a bank account(s) for indirect PARTICIPANT;
  • the appointment of the Authorized person of the PARTICIPANT for interaction with the OPERATOR.

6.2.2. For participation in the Payment System «LEADER» organization, planning to acquire the status of the PARTICIPANT, shall send to the OPERATOR the documents according to Addendum № 1 of the REGULATIONS.

 

6.3. Criteria for the suspension and termination of participation in the Payment System «LEADER»

6.3.1. The activity of the PARTICIPANT in the Payment System «LEADER» can be unilaterally suspended or terminated by the OPERATOR.

6.3.2. Suspension of the activity of the PARTICIPANT in the Payment System «LEADER» may be temporary - for a period not exceeding 90 (ninety) calendar days, and permanent depending on the causes of its circumstances and can be used on the grounds set out in these REGULATIONS:

  • to PARTICIPANT as a whole;
  • to a certain Point/Points of TRANSFER receipt/pay out of the PARTICIPANT, its BPA/BPS;
  • to Payment terminal/Payment terminals of the PARTICIPANT, its BPA/BPS;
  • to ATM/ATMs of the PARTICIPANT;
  • to REMOTE METHODS of CUSTOMER SERVICE of the PARTICIPANT.

6.3.3. The activity of the PARTICIPANT in the Payment System «LEADER» may be suspended or terminated by the OPERATOR, if the PARTICIPANT is not able to or reasonably can be considered the OPERATOR unable to meet its obligations as a PARTICIPANT in the following cases:

  • PARTICIPANT violates these REGULATIONS or the terms of the AGREEMENT or the legislation of the Russian Federation and/or the country of location and registration of the PARTICIPANT;
  • PARTICIPANT unilaterally delays for a period of more than 1 (one) day the payments payable to the OPERATOR (SETTLEMENT CENTER/SETTLEMENTS CENTERS) of the Payment System «LEADER», or with other creditors;
  • revocation of a PARTICIPANT’s license (permission) and/or the prohibition of the supervisory bodies on TRANSFER implementation by the PARTICIPANT;
  • providing by the PARTICIPANT to the OPERATOR and/or the Operator of the payment infrastructure services of false information and/or documents;
  • termination of TRANSFERS implementation by the PARTICIPANT on the territories of activities implementation of the PARTICIPANT;
  • failure of the PARTICIPANT to ensure the fulfillment of its obligations in the framework of the Payment System «LEADER», stipulated by the AGREEMENT and/or the REGULATIONS;
  • availability of the OPERATOR reliable information that the PARTICIPANT takes action on the assignment or other transfer of its rights and duties under the AGREEMENT to the  third parties;
  • OPERATOR has reliable information that in TRANSFER implementation and other transactions in the Payment System «LEADER» the PARTICIPANT does not comply with the requirements of the legislation of the country of jurisdiction of the PARTICIPANT, in particular, on counteraction to legalization of incomes, received by criminal way, and financing of terrorism, currency control;
  • implementation of obvious actions by the PARTICIPANT aimed at the transactions termination in the Payment System «LEADER» or liquidation/reorganization of its business;
  • fact in regard to the procedure of bankruptcy;
  • any of the competent authorities that have jurisdiction in respect of the PARTICIPANT, take official actions on the suspension or termination of its activities (including those related to its participation in the Payment System «LEADER») or involving termination of such activities, either fully or in part, or the possibility of termination of the transactions in the Payment System «LEADER»;
  • announcement by the PARTICIPANT on its liquidation, reorganization;
  • failure of the PARTICIPANT to follow the technical requirements by the OPERATOR to the PARTICIPANT as a whole and/or to the subscriber point EDMS of the PARTICIPANT in particular;
  • availability of reliable information for the Operator that the PARTICIPANT does not provide banking secrecy and protection of personal data in accordance with the legislation of the Russian Federation, the present REGULATIONS and/or the legislation of the country of registration and location of the PARTICIPANT;
  • availability of reliable information for the Operator that the PARTICIPANT does not comply with the requirements of the protection of information in the implementation of TRANSFERS and other transactions in the Payment System «LEADER», stipulated by the legislation of the Russian Federation, these REGULATIONS, and/or the legislation of the country of registration and location of the PARTICIPANT;
  • in case, if the action of the PARTICIPANT threaten the activities of the OPERATOR and other PARTICIPANTS, Operators of payment infrastructure services or the Payment System «LEADER» as a whole.

6.3.4. In the case of suspension of activities of the PARTICIPANT in the Payment System «LEADER», the OPERATOR one business day prior to the date of such suspension shall send via the AGREED MEANS of COMMUNICATION a notification with indication of the reason and the date of suspension of the activity of the PARTICIPANT in the Payment System «LEADER» to the PARTICIPANT, Operators of payment infrastructure services, SERTIFYING CENTER.

6.3.5. The OPERATOR shall have the right to take a decision on the temporary suspension of the activities of the PARTICIPANT in the Payment System «LEADER», if the action of the PARTICIPANT is of a reasonable risk for the Payment System «LEADER». In this case, advance notice to the PARTICIPANT shall not be sent.

6.3.6. Advance notice to the PARTICIPANT shall not be sent also in the case of emergency suspension of the activity of the PARTICIPANT (individual Point/Points of TRANSFERS receipt/pay out of the PARTICIPANT (its BPA/BPS), ATMs, Payment terminal/Payment terminals of the PARTICIPANT (its BPA/BPS), REMOTE METHODS of CUSTOMER SERVICE of the PARTICIPANT, on the initiative of the PARTICIPANT. In this case, the OPERATOR sends confirmation of produced suspension immediately after its implementation to the PARTICIPANT, Operators of payment infrastructure services, CERTIFYING CENTER.

6.3.7. Advance notice to the PARTICIPANT shall not be sent also in the case of emergency suspension of the activity of the PARTICIPANT (individual Point/Points of TRANSFERS receipt/pay out of the PARTICIPANT (his Zab/bps), ATM/cash dispensers, Payment terminal/Payment terminals of the PARTICIPANT (his Zab/bps), REMOTE METHODS to CUSTOMER SERVICE of the PARTICIPANT, on the initiative of the PARTY. In this case, the OPERATOR sends PARTY, Operators services payment infrastructure, the CENTER of the IDENTITY confirmation produced by suspension immediately after its implementation.

6.3.8. In the notification made at the initiative of the OPERATOR on suspension of activities of the PARTICIPANT in the Payment System «LEADER» the OPERATOR identifies the violation and determines the period during which the violation must be eliminated. The said term shall not exceed 90 (ninety) calendar days. If the breach is not remedied on expiry of the notification period, the OPERATOR has the right to terminate the activity of the PARTICIPANT in the Payment System «LEADER» and terminate the AGREEMENT in an extrajudicial manner.

6.3.9. In the case of suspension of activities of the PARTICIPANT in the Payment System «LEADER», the OPERATOR has the right to block in the SOFTWARE «LEADER», SOFTWARE «LEO» the possibility of the PARTICIPANT to receive TRANSFERS, including transfers of Electronic cash via the Payment System «LEADER». The TRANSFERS received by the PARTICIPANT earlier, whose activities in the Payment System «LEADER» are suspended shall be paid/credited to the account by the other PARTICIPANTS.

The OPERATOR has the right to block in the SOFTWARE «LEADER», SOFTWARE «LEO» the possibility of the PARTICIPANT to pay out/credit TRANSFERS on the account, including transfers of Electronic cash via the Payment System «LEADER». The TRANSFERS, intended for pay out/credit to the account of the PARTICIPANT, including transfers of Electronic cash, are paid out, returned to the client by the other PARTICIPANTS.

6.3.10. In case of suspension of activities of the PARTICIPANT in the Payment System «LEADER» the OPERATOR, PARTICIPANT, Operators of the payment infrastructure services must make between each other all settlements related to the participation of the PARTICIPANT in the Payment System «LEADER» not later than 3 (three) working days from the date of suspension by the OPERATOR of the activity of the PARTICIPANT in the Payment System «LEADER». In the presence of financial liabilities of the PARTICIPANT in front of the OPERATOR, Operators of payment infrastructure services, the OPERATOR and SETTLEMENT CENTER shall be entitled, in view of execution of the PARTICIPANT's liabilities to keep the amount of obligations of the PARTICIPANT without its orders in any currency of cash amounts, subject to transfer to the bank account(s) of the PARTICIPANT. If the currency of cash, subject to transfer to the bank account(s) of the PARTICIPANT, is different from the currency cash, in which liability of the PARTICIPANT is expressed, the SETTLEMENT CENTRE, the OPERATOR shall be entitled to deduct the amount of liabilities of the PARTICIPANT in another currency at the rate established by the OPERATOR or the SETTLEMENT CENTRE on the day of settlement with the PARTICIPANT.

6.3.11. When taking a decision on the termination of activity of the PARTICIPANT in the Payment System «LEADER», the OPERATOR shall send to the PARTICIPANT a written notice containing the reasons for the termination of its activities in the Payment System «LEADER».

6.3.12. Participation in the Payment System «LEADER» may be terminated on the initiative of the PARTICIPANT in an extrajudicial manner with written notice of the OPERATOR, not less than 1 (one) calendar month prior to the intended date of termination of the AGREEMENT.

6.3.13. Obligations of the PARTICIPANT, not fulfilled up to the date of termination of the AGREEMENT, are valid until the moment of their actual performance. In the period from the moment of sending by the OPERATOR of the notification to the PARTICIPANT on the termination of participation in the Payment System «LEADER» of the PARTICIPANT or in the period from the moment of receipt of written notification by the OPERATOR on the termination of participation in the Payment System «LEADER» of the PARTICIPANT on the initiative of the PARTICIPANT prior to the date of termination of the AGREEMENT, the PARTICIPANT is obliged to perform all outstanding obligations under the AGREEMENT and the present REGULATIONS.

The OPERATOR prior to the termination of validity of the AGREEMENT shall be entitled to perform the actions referred to in paragraph 6.3.8. of these REGULATIONS. On the day of sending by the Operator of the Payment System of the notification to the PARTICIPANT or receipt of written notice from the PARTICIPANT about the intention to terminate the Agreement, the OPERATOR shall be entitled to suspend in the Payment System «LEADER» the activity of the PARTICIPANT, whose participation in the Payment System «LEADER» must be terminated.

6.3.14. At the termination of activity of the PARTICIPANT in the Payment System «LEADER» the OPERATOR, PARTICIPANT, Operators of the payment infrastructure services must make between each other all the settlements related to the participation of the PARTICIPANT in the Payment System «LEADER» not later than 3 (three) working days from the date of dispatch of the OPERATOR of the notification to the PARTICIPANT on the termination of participation in the Payment System «LEADER» of the PARTICIPANT or the date of receipt of written notification by the OPERATOR on the termination of participation in the Payment System «LEADER» of the PARTICIPANT on the initiative of the PARTICIPANT. In the presence of financial liabilities of the PARTICIPANT in front of the OPERATOR, Operators of payment infrastructure services, the OPERATOR and SETTLEMENT CENTER shall be entitled, in view of execution of the PARTICIPANT's liabilities to keep the amount of obligations of the PARTICIPANT without its orders in any currency of cash amounts, are subject to transfer to the bank account(s) of the PARTICIPANT. If the currency of cash, are subject to transfer to the bank account(s) of the PARTICIPANT, is different from the currency of the monetary funds, in which liabilities of the PARTICIPANT are expressed, the SETTLEMENT CENTRE, the OPERATOR shall be entitled to deduct the amount of obligations of the PARTICIPANT without its orders in another currency at the rate established by the OPERATOR or the SETTLEMENT CENTRE on the day of settlement with the PARTICIPANT.

6.3.15. At the termination of activity of the PARTICIPANT in the Payment System «LEADER», the PARTICIPANT is obliged prior to the date of termination of the AGREEMENT:

  • to transfer to the OPERATOR, SERTIFYING CENTER, Operators of the payment infrastructure services all confidential and/or proprietary documents and materials of the Payment System «LEADER», received as a PARTICIPANT, except for the documents and materials to be destroyed in accordance with the present REGULATIONS;
  • o stop using SOFTWARE «LEADER», SOFTWARE «LEO», trademarks of the Payment System «LEADER»;
  • to remove all symbols other advertising materials containing the name and trademarks of the Payment System «LEADER»;
  • to terminate the designation of itself as a PARTICIPANT of the Payment System «LEADER», including in the advertising materials, on the site of the PARTICIPANT (its BPA/BPS), its business partners and the media.

6.3.16. The PARTICIPANT performs an obligation to maintain the confidentiality of the information and bears responsibility for all the obligations arising from the AGREEMNET and these REGULATIONS, within the terms established by the legislation of the Russian Federation, the AGREEMENT and the present REGULATIONS.

 

7.   ORDER TO ATTRACT AND MAINTAIN A LIST OF THE OPERATORS OF THE PAYMENT INFRASTRUCTURE SERVICES, REQUIREMENTS TO THEM OF THE PAYMENT SYSTEM «LEADER»

7.1. In order to implement activities in the framework of the Payment System «LEADER», the OPERATOR has the right to involve on a contractual basis SETTLEMENT CENTERS, OPERATING CENTERS and PAYMENT CLEARING CENTRES.

7.2. At attraction of Operators of payment infrastructure services the OPERATOR verifies the consistency of their common and individual requirements of the present REGULATIONS to the Operators of the payment infrastructure services in terms of their financial condition, technological support, and other factors that affect the uninterrupted operation of the Payment System «LEADER», and carries out the control over observance of each of these requirements in the process of implementation of the activities in the framework of the Payment System «LEADER».

7.3. The Operator of payment infrastructure services carries out its activity in strict accordance with these REGULATIONS and agreements concluded with the OPERATOR, PARTICIPANTS and other Operators of payment infrastructure services.

7.4. In the case of attraction of Operators of payment infrastructure services in order to implement activities in the framework of the Payment System «LEADER», the OPERATOR shall publish a list of them in the appropriate section of the official web-site of the Payment System «LEADER» in the Internet network at the address www.leadermt.ru, making a data structure about them with the indication of:

  • the trade name and details of the Operator of payment infrastructure services;
  • the total number of attracted Operators of payment infrastructure services by the Operator;
  • the type of activity of attracted Operator of the payment infrastructure services in the framework of the Payment System «LEADER».

In the case of change in the list of Operators of payment infrastructure services data change immediately should be published by the OPERATOR in the corresponding section on the official website of the Payment System «LEADER» in the Internet network at the address www.leadermt.ru. The OPERATOR shall submit to the Bank of Russia information about the changes in the list specified not later than 10 (ten) working days from the date of such changes.

 

7.5. Общие требования к Операторам услуг платежной инфраструктуры

7.5.1. The activities of the Operators of payment infrastructure services, with whom the OPERATOR concludes agreements, must comply with the requirements of the legislation on the national payment system.

7.5.2. In the case of attraction by the OPERATOR on a contractual basis the Operators of payment infrastructure services in order to ensure the performance of the Payment System «LEADER», organizational, financial and technological state of the Operators of payment infrastructure services at the moment of detention and during the period of validity of the relevant agreements with the OPERATOR, other Operators of payment infrastructure services and with each PARTICIPANT (in case of conclusion thereof) shall be stable.

Organizational, financial and technological state of the Operator of the payment infrastructure services is characterized by stability, if the Operator of payment infrastructure services does not possess any one of the grounds specified in subparagraphs 7.5.2.1.-7.5.2.3. of this paragraph.

7.5.2.1. Organizational state of the Operator of payment infrastructure services is recognized as unstable in the case, if the Operator of payment infrastructure services:

  • takes obvious actions aimed at termination of the functions of the Operator of payment infrastructure services in the Payment System «LEADER», or liquidation/reorganization of its business;
  • violates these REGULATIONS or terms and conditions of agreements with the OPERATOR or other Operators of payment infrastructure services or PARTICIPANTS;
  • does not comply with measures on counteraction to legalization (laundering) of incomes, received by criminal way, and financing of terrorism.

7.5.2.2. The financial condition of the Operator of payment infrastructure services is recognized as unstable in the case, if the Operator of the services of the payment infrastructure:

  • unilaterally delayed payments according to the calculations with the subjects of the infrastructure of the Payment System «LEADER», or with other creditors;
  • announces about its liquidation;
  • in respect of the Operator of payment infrastructure services is initiated bankruptcy procedure, and also in case, if any of the competent authorities that have jurisdiction in respect of the Operator of payment infrastructure services, taking official action on suspension or termination of its activities (including those related to its activities in the Payment System «LEADER») or involving termination of such activities, either fully or in part, or the possibility of cessation of activity in the Payment System «LEADER».

7.5.2.3. Technological state of the Operator of payment infrastructure services is recognized as unstable in the case, if the Operator of payment infrastructure services:

  • does not use the equipment and software, corresponding to requirements, established by the legislation of the Russian Federation, normative acts of the Bank of Russia in respect of equipment and software, used for performance of banking operations and protection of information;
  • does not provide the availability of equipment and software, which allows to receive, process and send documents in TXT format and/or XML, as well as to allow for the exchange of electronic documents, which are protected by the AHS;
  • uses hardware and software, which leads to the violation or risk of violations of the continuity functioning of the Payment System «LEADER»;
  • does not guarantee the banking secrecy in accordance with the legislation of the Russian Federation and regulatory acts of the Bank of Russia.

7.5.3. In agreements concluded by the OPERATOR of the Payment System «LEADER» with the Operators of payment infrastructure services, the OPERATOR of the Payment System «LEADER» has the right to clarify the requirements, imposed on them to organizational, financial and technological state as Operators of payment infrastructure services.

7.6. Individual requirements for the SETTLEMENT CENTER attracted by the SYSTEM OPERATOR on a contractual basis.

7.6.1. The requirements indicated in p. 7.5. of the present REGULATIONS, as well as the following requirements are applied for the SETTLEMENT CENTER, with which the SYSTEM OPERATOR concludes appropriate agreements on the implementation of the activities in the framework of the Payment System «LEADER»:

  • SETTLEMENT CENTER is a credit institution, established in accordance with the legislation of the Russian Federation, including non-bank credit institution, has the right to carry out money transfers without opening bank accounts and related other banking operations;
  • SETTLEMENT CENTER shall accept the orders of the PARTICIPANTS transferred by the PAYMENT CLEARING CENTER on behalf of the PARTICIPANTS;
  • SETTLEMENT CENTER provides banking secret, protection of information in the implementation of the transfers of funds and the personal data of CLIENTS (in the case of their receipt and processing) in accordance with the legislation of the Russian Federation;
  • SETTLEMENT CENTRE performs the obligatory requirements of the Bank of Russia, requirements on ensuring measures on AML/FT;
  • SETTLEMENT CENTRE carries out settlements on the accounts of the respondents - credit organizations-residents of the Russian Federation and foreign credit organizations not less than 5 years;
  • SETTLEMENT CENTER shall provide the OPERATOR with written report on its activities in the field of providing services of payment infrastructure not later than 3 (three) working days from the date of receipt of the relevant request from the OPERATOR;
  • SETTLEMENT CENTER performs orders received from the PAYMENT CLEARING CENTER in the amount of the certain payment clearing positions by means of debiting and crediting of funds on the bank accounts of the PARTICIPANTS and bank accounts of the CENTRAL PAYMENT CLEARING COUNTERPARTY.
  • SETTLEMENT CENTRE ensures the availability of equipment and software, allowing the execution received from PAYMENT CLEARING CENTER orders on transactions write-off and transfer of money on the bank accounts of the PARTICIPANTS and bank accounts of the CENTRAL PAYMENT CLEARING COUNTERPARTY in accordance with the procedure of payment clearing and settlement in the Payment System «LEADER», as well as send to the PAYMENT CLEARING CENTER and the OPERATOR of ESID with the confirmation of orders execution of the PARTICIPANTS;
  • SETTLEMENT CENTRE ensures the availability of equipment and software, which allows not later than 1 (one) working day from the moment of receipt of the relevant information to notify the OPERATOR by the AGREED MEANS of COMMUNICATION on the number of the banking account of the PARTICIPANT, opened on the balance sheet of the SETTLEMENT CENTER on the fact of its opening, as well as on change of its number on the fact of making such changes, on the intention of the PARTICIPANT to close a bank account in the SETTLEMENT CENTRE, on the receipt of the decision of the authorized state bodies to suspend operations on bank account of the PARTICIPANT, on imposition of arrest on the funds deposited in bank account of the PARTICIPANT, on revocation of the license of the PARTICIPANT for carrying out banking operations, as well as in other cases stipulated by the current legislation of the Russian Federation.

 

7.7. Individual requirements for the OPERATIONAL CENTER attracted by the OPERATOR of the Payment System «LEADER» on a contractual basis.

 

7.7.1. The requirements indicated in p. 7.5. of the present REGULATIONS, as well as the following requirements are applied for the OPERATIONAL CENTER, with whom the OPERATOR concludes the relevant agreements on the implementation of the activities in the framework of the Payment System «LEADER»:

  • OPERATIONAL CENTER is the organization, which has a material-technical base and software, providing in the framework of the Payment System «LEADER» for the PARTICIPANTS and CLIENTS of uninterrupted access to services on TRANSFER, as well as an uninterrupted exchange of electronic messages via EDMS during the whole time of operation of the Payment System «LEADER»;
  • OPERATIONAL CENTER is a financially stable organization, a condition of which is characterized by the availability of financial resources, the security of funds, necessary for economic activity, caused by the discharge of the obligations, stipulated by the present REGULATIONS, the maintenance of uninterrupted operation mode and timely implementation of the monetary settlements with other subjects of the infrastructure of the Payment System «LEADER».
  • OPERATIONAL CENTER provides on a regular basis receive by the OPERATIONAL CENTER of electronic messages via EDMS, containing the orders of the PARTICIPANTS, using EDMS, the transfer of the messages in the PAYMENT CLEARING CENTER, to the OPERATOR and the SETTLEMENT CENTRE, as well as the transfer of confirmation of admissions and execution of instructions of the PARTICIPANTS;
  • OPERATIONS CENTER provides the exchange of electronic messages via EDMS between the OPERATOR, PAYMENT CLEARING CENTER and SETTLEMENT CENTER;
  • OPERATIONAL CENTRE in carrying out its activities ensures the security of information and personal data of CLIENTS in accordance with the legislation of the Russian Federation;
  • OPERATIONAL CENTRE is obliged to carry out actions connected with use of information-communication technologies, necessary for the proper functioning of the Payment System «LEADER», and provided for by the agreement with the OPERATOR;
  • OPERATIONAL CENTER provides the OPERATOR with written report on its activities in the field of providing services of payment infrastructure, as well as information on any electronic message in the Payment System «LEADER» not later than 3 (three) working days from the date of receipt of the relevant request from the OPERATOR.

7.8. Individual requirements for PAYMENT CLEARING CENTER, attracted by the OPERATOR on a contractual basis.

7.8.1. Requirements indicated in p. 7.5. of the present REGULATIONS, as well as the following requirements are applied for the PAYMENT CLEARING CENTER, with whom the OPERATOR concludes the relevant agreements on the implementation of the activities in the framework of the Payment System «LEADER»:

  • PAYMENT CLEARING CENTER has been created in accordance with the legislation of the Russian Federation and provides within the framework of the Payment System «LEADER» the acceptance to the execution of orders of the PARTICIPANTS on the implementation of TRANSFERS, including compliance verification of the orders of the PARTICIPANTS to the requirements established by the OPERATOR, determination of the adequacy of the cash funds for the execution of orders of the PARTICIPANTS and the definition of payment clearing positions;
  • PAYMENT CLEARING CENTER ensures the availability of equipment and software, which allows on an ongoing basis to receive electronic messages via EDMS from the OPERATIONAL CENTRE, containing the disposal of PARTICIPANTS using EDMS;
  • PAYMENT CLEARING CENTER provides transmission of the evidence relating to the admission to the execution of their orders, as well as proof of their fulfillment by the use of the OPERATIONAL CENTRE of the PARTICIPANTS;
  • PAYMENT CLEARING CENTER ensures the availability of equipment and software, which enables to transfer to be executed orders of the PARTICIPANTS in the amount of the certain payment clearing positions to the SETTLEMENT CENTER;
  • PAYMENT CLEARING CENTER ensures protection of information contained in regulations, in accordance with the legislation of the Russian Federation and normative acts of the Bank of Russia when transferring the orders of the PARTICIPANTS, subject to execution to the SETTLEMENT CENTER;
  • PAYMENT CLEARING CENTER ensures protection of information contained in regulations, in accordance with the legislation of the Russian Federation and normative acts of the Bank of Russia when transferring confirmations relating to the admission to the execution of orders of the PARTICIPANTS, as well as confirmations relating to their execution to the OPERATIONAL CENTER;
  • PAYMENT CLEARING CENTER shall provide the OPERATOR with written report on its activities in the field of providing services of payment infrastructure not later than 3 (three) working days from the date of receipt of the relevant request from the OPERATOR.

 

8.   FORMS OF CASHLESS SETTLEMENTS USED IN THE PAYMENT SYSTEM «LEADER»

8.1. Money transfers in the Payment System «LEADER» are carried out in the framework of the following forms of cashless settlements: payment orders, cash transfer at the request of the beneficiary (direct debiting), payments in the form of the transfer of Electronic money. Agreements on the opening of a bank account of the PARTICIPANT with the SETTLEMENT CENTRE should provide the possibility of presenting the request of the OPERATOR to the accounts of the PARTICIPANTS (direct debiting). The direct debiting is made in advance with the acceptance of the PARTICIPANT.

8.2. Payment orders and direct debiting with advance acceptance of the PARTICIPANT are used in the bank accounts of direct PARTICIPANTS, making settlements via bank accounts opened with the OPERATOR, when the OPERATOR performs the functions of a SETTLEMENT CENTER.

In the case of a direct debiting with advance acceptance of the PARTICIPANT due to these REGULATIONS, the PARTICIPANT gives the right for the OPERATOR to request the excess to the bank accounts of the PARTICIPANT, and by order of the OPERATOR, SETTLEMENT CENTRE, being the Operator of money transfer, if any PARTICIPANT's liabilities to the OPERATOR (the payee), carries out the write-off of money funds from banking accounts of the PARTICIPANT in favor of the OPERATOR in all of its requirements to the amount of obligations of the PARTICIPANT (partial acceptance of the PARTICIPANT is not allowed).

The requirements of the OPERATOR, specified on the basis of PAYMENT CLEARING CENTER ESID, are executed by the SETTLEMENT CENTER in the amount of all obligations of the PARTICIPANT, in terms of settlements on money TRANSFERS provided by the present REGULATIONS, OPERATOR’s AGREEMENTS with the PARTICIPANT. The SETTLEMENT CENTRE directs the PARTICIPANT a notice on the execution of the requirements of the OPERATOR not later than the working day following the day of its execution.

8.3. Payment orders and direct debiting with advanced acceptance of the PARTICIPANT are used in the bank accounts of direct PARTICIPANTS, making settlements through the accounts opened with the SETTLEMENT CENTERS attracted by the OPERATOR.

In the case of a direct debiting with advanced acceptance of the PARTICIPANT in accordance with the agreement, concluded by the PARTICIPANT with SETTLEMENT CENTER, the PARTICIPANT gives the right for the OPERATOR to request the excess to the bank accounts of the PARTICIPANT, and by order of the OPERATOR, SETTLEMENT CENTRE, being the Operator of money transfer, if any PARTICIPANT's liabilities to the OPERATOR (the payee), carries out the write-off of money funds from banking accounts of the PARTICIPANT and its crediting to the bank accounts of the OPERATOR in all of its requirements to the amount of obligations of the PARTICIPANT (partial acceptance of the PARTICIPANT is not allowed).

The requirements of the OPERATOR are executed by the SETTLEMENT CENTER in the amount of all liabilities of the PARTICIPANT in terms of settlements on money TRANSFERS provided by the present REGULATIONS, OPERATOR’s AGREEMENTS with the PARTICIPANT, which is fixed by the agreement of the PARTICIPANT with the SETTLEMENT CENTER. The SETTLEMENT CENTRE directs the PARTICIPANT a notice on the execution of the requirements of the OPERATOR not later than the working day following the day of its execution.

8.4. For purposes of making settlements in the Payment System «LEADER» direct PARTICIPANTS shall have the right to independently determine the forms of settlements used by them in settlements on the bank accounts of indirect PARTICIPANTS.

 

9.   PROCEDURE OF MONEY TRANSFER IMPLEMENTATION, INCLUDING THE MOMENTS OF OCCURRENCE OF ITS IRREVOCABILITY, UNCONDITIONALITY AND FINALITY

9.1. General provisions

9.1.1. TRANSFER formation of the CLIENT in the Payment System «LEADER» is carried out on the basis provided by the CLIENT-sender of the instruction for sending the TRANSFER to the PARTICIPANT-SENDER (it BPA/BPS) (application for money transfer).  TRANSFER is carried out in the form of cash funds of the CLIENT-sender, provided to them without opening a bank account (only individual persons), in the form of non-cash funds from the account of the CLIENT-sender (individuals and legal entities), or through the implementation of Electronic cash transfer, provided by the CLIENT – an individual person using its bank account or without the use of such, and by the CLIENT - a legal entity - only using its own bank account.

9.1.2. Before the TRANSFER formation of the CLIENT in the Payment System «LEADER» the PARTICIPANT-SENDER (its BPA/BPS) in the cases stipulated by the legislation of registration and the location of the PARTICIPANT, shall perform identification of the CLIENT - the set of measures for the establishment of certain laws of registration and the location of the PARTICIPANT-SENDER (its BPA/BPS), the data about CLIENTS and their representatives, beneficiaries, on confirmation of the reliability of these data using the originals of the documents and (or) duly certified copies. At that, in the event of discrepancies between the requirements of the legislation of the registration and the location of the PARTICIPANT-SENDER (its BPA/BPS) with the requirements of international standards, the requirements for CLIENT identification are international.

9.1.3. TRANSFER shall be paid out by means of funds transfer to a bank account of the CLIENT-recipient, cash pay out for the CLIENT-beneficiary or accounting of monetary funds in favor of the CLIENT-beneficiary of the funds without opening a bank account in the transfer of the Electronic money.

9.1.4. The CLIENT-sender provides the order on TRANSFER implementation with the terms of the payment/crediting on the account on the territory of the country of TRANSFER payment/crediting on the account, indicating the country and city of the TRANSFER payment/crediting on the account (unaddressed TRANSFER/unaddressed technology) or the certain address of PARTICIPANT’s CUSTOMER service point according to the SYSTEM LEADER, which will pay/credit the TRANSFER (address TRANSFER/address technology).

9.1.5. When making the transfer of Electronic funds the CLIENT-sender provides the order on the implementation of such TRANSFER with the requisites of Electronic means of payment of the CLIENT-recipient or the order, containing details of the CLIENT-beneficiary, in order to take into account of Electronic funds in favor of the CLIENT-recipient by the relevant Operator of electronic funds.

9.1.6. The PARTICIPANT-SENDER (its BPA/BPS) is obliged to provide the CLIENTS with an opportunity to familiarize themselves with the terms of TRANSFER implementation before TRANSFER implementation, including:

  • permitted TRANSFER currency;
  • availability and addresses of Points of TRANSFERS receipt/pay out in the country and the city of TRANSFER pay out/crediting to the account, chosen by the CLIENT-sender when submitting an order for TRANSFER;
  • existing restrictions on TRANSFER implementation;
  •  fee amount that may be charged from the CLIENT-sender, if it is provided by the TARIFFS, SOFTWARE «LEADER», SOFTWARE «LEO»;
  • currency exchange rate established by the OPERATOR, when a difference of currency funds, provided by TRANSFER sender and the currency of TRANSFER pay out/crediting to the account;
  • with the claims procedure, including information for communication with the PARTICIPANT-SENDER and the OPERATOR;
  • need of providing the reliable information for communication with the CLIENT, and, in case of its change - the need for a timely update it for the PARTICIPANT-SENDER (its BPA/BPS);
  • need for independent messaging by the sender to the recipient of the information required by the consignee for TRANSFER payment/crediting on the account;
  • with other information, terms and particularities of TRANSFER implementation in accordance with the present REGULATIONS, AGREEMENT in the framework of the current legislation of the country of registration and the location of the PARTICIPANT-SENDER, existing internal documents of TRANSFER realization of the PARTICIPANT-SENDER, not contradicting the national legislation, the international standards regulating the procedure for performing the money transfer and the present REGULATIONS.

9.1.7. When forming a TRANSFER in the Payment System «LEADER» the TRANSFER is assigned a unique ID - TRANSFER Unique Number (TUN), necessary for the CLIENT-sender for tracking the status of the TRANSFER, as well as for the CUSTOMER-recipient in order to receive it.

9.1.8. After TRANSFER realization the PARTICIPANT-SENDER provides the CLIENT-sender the document confirming TRANSFER execution. When making a TRANSFER, including the transfer of Electronic money, in the Point of TRANSFER receipt/pay out, in the Payment terminal, ATM of the PARTICIPANT-SENDER the sender shall be issued a document on paper, confirming TRANSFER execution, due to the requirements of the legislation of registration and the location of the PARTICIPANT-SENDER.

When making a TRANSFER with the involvement of BPA/BPS the sender must be issued the cashier's receipt, certifying the reception (pay out) of cash by BPA/BPS, and containing the following mandatory requisites:

  • name of the document - cashier's receipt;
  • total amount of accepted (paid out) money;
  • operation name of BPA/BPS;
  • amount of remuneration paid by the sender in the form of the total amount, including the remuneration of BPA/BPS in the case of its collection;
  • date, time of money reception/pay out;
  • number of the cashier's receipt and cash equipment;
  • address of the place of money reception/pay out;
  • name and place of location of the money transfer Operator and BPA/BPS, as well as their identification numbers of taxpayer;
  • telephone numbers of the money transfer Operator, BPA/BPS.

9.1.9. When making a TRANSFER, including the transfer of Electronic money, with the use of REMOTE METHODS of CUSTOMER SERVICE, by prior agreement with the OPERATOR, it is allowed the issuance of the document by the PARTICIPANT confirming the TRANSFER implementation, in electronic form, with the possibility of subsequent document printing in hard copy by request of a CLIENT.

9.1.10. The restrictions on TRANSFERS are implemented in the Payment System «LEADER», which relate, in particular:

  • operations on money TRANSFERS of senders, in respect of which there is information about their involvement in extremist activity;
  • operations on money TRANSFERS connected with the entrepreneurial activity;
  • amounts of sent and received TRANSFERS;
  • crushing amounts of TRANSFERS into smaller in order to bypass the restrictions established by the legislation;
  •  TRANSFER currency.

The payment System «LEADER» also provides for restrictions and features relating to the identification of the CLIENT, the CLIENTS documents confirming the origin of the funds, age restrictions for TRANSFER implementation, etc.

9.1.11. The Transfer of Electronic cash is implemented by the PARTICIPANT with the account of legal restrictions on the use of personalized and non personalized Electronic means of payment.

9.1.12. Funds writing off from the account of the CLIENT-sender in order to carry out the TRANSFER is made by the PARTICIPANT-SENDER after the identification of the CLIENT-sender in accordance with the legislation of the country of registration and the location of the PARTICIPANT-SENDER.

9.1.13. Receiving from the CLIENT-sender of cash monetary funds provided by it for the purpose of TRANSFER implementation, is made by the PARTICIPANT-SENDER (its BPA/BPS) in the provision by the CLIENT-sender of the identity documents containing information sufficient to identify it (if identification is mandatory) and the implementation of operations in accordance with the legislation of the country of registration and the location of the PARTICIPANT-SENDER.

9.1.14. After the implementation of the procedure for the identification of the CLIENT by the PARTICIPANT-SENDER (its BPA/BPS) (if the identification is mandatory in accordance with the legislation of the registration and the location of the PARTICIPANT-SENDER) the CLIENT-sender provides the PARTICIPANT-SENDER (its BPA/BPS) (including with the use of Payment terminals, ATMs, REMOTE METHODS of CUSTOMER SERVICE) the following data for the purposes of TRANSFER formation in favor of the individual person in the Payment System «LEADER»:

country and city of TRANSFER pay out;

address of the Points of TRANSFER receipt/pay out (for address TRANSFERS);

surname, name and patronymic (if available) of the CLIENT-recipient of the TRANSFER;

account number of the TRANSFER beneficiary (for the transfers credited to the account of the beneficiary);

 TRANSFER amount and currency;

  • other information, obligatory for filling, in accordance with the terms of money TRANSFER implementation.

9.1.15. After TRANSFER formation in favor of the individual person in the Payment System «LEADER» in the Point of TRANSFER receipt/pay out with the participation of the PARTICIPANT’s Operator the PARTICIPANT-SENDER (its BPA/BPS) on a mandatory basis provides the CLIENT-sender filled in electronic form, printed out on paper and signed by the Operator of the PARTICIPANT-SENDER (its BPA/BPS) two copies of the document, confirming the fact that the order of the CLIENT-sender to send the TRANSFER, but it is an application for the transfer of cash funds, containing the following information:

  • country and city of TRANSFER pay out;
  • address of money TRANSFER pay out (if the TRANSFER is addressed);
  • TRANSFER amount and currency, provided by the sender;
  • TRANSFER amount and currency for the beneficiary;
  • commission fee for TRANSFER implementation;
  • conversion rate, in the case of differences of currencies, provided by the sender, and currency, intended for payment to the beneficiary;
  • date and time of the transaction;
  • name and address of the PARTICIPANT-SENDER (its BPA/BPS), which has accepted the order on TRANSFER implementation;
  • TRANSFER unique number;
  • surname, name and patronymic (if available) of the sender;
  • data, filled in by the PARTICIPANT-SENDER (its BPA/BPS), in accordance with provided by the sender identity documents in order to identify it (if identification is mandatory in accordance with the legislation of the registration and the location of the PARTICIPANT-SENDER);
  • surname, name and patronymic (if available) of the beneficiary;
  • details of the PARTICIPANT-SENDER, where the sender may send a request in case of a claim;
  • name and contact details of the Payment System «LEADER»;
  • other information, obligatory for filling, in accordance with the terms of TRANSFER implementation.

The Operator of the PARTICIPANT-SENDER (its BPA/BPS) transmits to the signing of the CLIENT-sender both copies of the application for money transfer. One copy of the application signed by the sender, remains at the PARTICIPANT-SENDER (its BPA/BPS), the second is for the CLIENT-sender.

9.1.16. In order to form a TRANSFER in favor of a legal entity in the Payment System «LEADER» after the implementation by the PARTICIPANT-SENDER (its BPA/BPS) the procedure for the identification of the CLIENT (if the identification is mandatory in accordance with the legislation of the registration and the location of the PARTICIPANT-SENDER) the CLIENT-sender provides the PARTICIPANT-SENDER (its BPA/BPS) (including with the use of Payment terminals, ATMs, REMOTE METHODS of CUSTOMER SERVICE) the following data:

  • name of the CLIENT-beneficiary of the TRANSFER;
  • additional information, identifying the CLIENT-sender and/or the CLIENT-beneficiary, necessary for the PARTICIPANT-BENEFICIARY or the Operator of the money transfer of the CLIENT-beneficiary for TRANSFER crediting to the account (with the appropriate requirements of the CLIENT-sender, CLIENT-beneficiary, PARTICIPANT-BENEFICIARY, the Operator of money transfer of the CLIENT-beneficiary).
  • After TRANSFER formation in favor of a legal entity in the Payment System «LEADER» in the Point of TRANSFER receipt/pay out with the participation of the Operator of the PARTICIPANT (its BPA/BPS) the PARTICIPANT-SENDER (its BPA/BPS) on a mandatory basis provides the CLIENT-sender filled in electronically, printed out on paper and signed by the Operator of the PARTICIPANT-SENDER (its BPA/BPS) two copies of the document, confirming the fact that the order of the CLIENT-sender to send the TRANSFER, but it is - an application for payment to the benefit of the legal person, containing the following information:
  • name of the CLIENT-beneficiary of the TRANSFER;
  • country and city of the TRANSFER (if necessary);
  • TRANSFER amount and currency, provided by the sender;
  • TRANSFER amount and currency for crediting to the beneficiary's account;
  • commission fee for TRANSFER implementation;
  • conversion rate, in the case of currency differences, provided by the sender, and currency, intended to be credited to the account of the beneficiary;
  • date and time of the transaction;
  • name and address of the PARTICIPANT-SENDER (its BPA/BPS), which has accepted the order for TRANSFER implementation;
  • data, filled in by the PARTICIPANT-SENDER (its BPA/BPS), in accordance with provided by the sender identity documents in order to identify it (if identification is mandatory in accordance with the legislation of the registration and the location of the PARTICIPANT-SENDER);
  • additional information identifying the CLIENT-sender and/or the CLIENT-beneficiary, necessary for the PARTICIPANT-BENEFICIARY or the Operator of money transfer of the CLIENT-beneficiary for TRANSFER crediting to the account (with the appropriate requirements of the CLIENT-sender, CLIENT-beneficiary, PARTICIPANT-BENEFICIARY, Operator of money transfer of the CLIENT-beneficiary).

9.2. Features of TRANSFER reception and pay out (including TRANSFERS of Electronic money) on the territory of the Russian Federation.

9.2.1. Reception of TRANSFER in foreign currency on the territory of the Russian Federation from the resident of the Russian Federation for its payment in the Russian Federation in favor of another person resident of the Russian Federation is carried out only through bank accounts in the authorized banks of the Russian Federation, the procedure of opening and keeping of which is established by the Bank of Russia, except for the following currency operations carried out in accordance with the legislation of the Russian Federation:

1) transfer byy the CLIENT - resident of currency valuables as a gift for the Russian Federation, any region of the Russian Federation and (or) municipal formation;

2) donation of currency values to the spouse and close relatives;

3) wills of foreign currency values, or obtaining them by the right of succession.

TRANSFERS referred to this paragraph can be made without opening of bank accounts in the authorized banks, only with the presentation by the CLIENT of the necessary documents confirming the right to carry out these operations.

The TRANSFER payment on the territory of the Russian Federation in foreign currency sent in the Russian Federation in favor of a resident of the Russian Federation from the other person - resident of the Russian Federation without opening of the account is prohibited, except for cases specified in this paragraph.

9.2.2. Reception of TRANSFER in foreign currency and the currency of the Russian Federation from the resident of the Russian Federation on the territory of the Russian Federation in favor of a non-resident of the Russian Federation shall be performed without restrictions. Payment of money TRANSFER in foreign currency and the currency of the Russian Federation on the territory of the Russian Federation, received from a resident of the Russian Federation in favor of a non-resident of the Russian Federation, is carried out without restrictions.

9.2.3. Reception of TRANSFER for its payment on the territory of the Russian Federation and TRANSFER payment in the Russian Federation, accepted at the territory of the Russian Federation, between the residents of the Russian Federation is carried out only in the currency of the Russian Federation, except for the cases set out in paragraph 9.2.1. of the REGULATIONS.

9.2.4. Reception of TRANSFER for its payment on the territory of the Russian Federation and TRANSFER payment in the Russian Federation, accepted at the territory of the Russian Federation, between non-residents of the Russian Federation is performed in the currency of the Russian Federation and in foreign currency without limitation.

9.2.5. Reception of TRANSFER in foreign currency and the currency of the Russian Federation on the territory of the Russian Federation from non-resident of the Russian Federation in favor of a resident of the Russian Federation shall be performed without restrictions. Payment of money TRANSFER in foreign currency and the currency of the Russian Federation on the territory of the Russian Federation, received from non-resident of the Russian Federation in favor of a resident of the Russian Federation, is carried out without restrictions.

9.2.6. Reception of the cross-border TRANSFER in the territory of the Russian Federation for payment outside of the Russian Federation shall be effected in foreign currency and rubles of the Russian Federation subject to the following conditions:

- TRANSFER amount through the PARTICIPANT (its BPA/BPS) from resident to a resident of the Russian Federation should not exceed within one operational day an amount equal to the equivalent of 5000 us dollars at the official exchange rate established by the Central Bank of the Russian Federation on the date of the TRANSFER;

- TRANSFER amount through the PARTICIPANT (its BPA/BPS) from resident to non-resident of the Russian Federation should not exceed within one operational day an amount equal to the equivalent of 5000 us dollars at the official exchange rate established by the Central Bank of the Russian Federation on the date of the TRANSFER;

- TRANSFER between non-residents, as well as from non-resident to a resident of the Russian Federation shall be performed without restrictions.

9.2.7. Payment on the territory of the Russian Federation of cross-border TRANSFER accepted outside the territory of the Russian Federation shall be effected in foreign currency and rubles of the Russian Federation without any restrictions.

9.2.8. On the territory of the Russian Federation the cross-border TRANSFER from the Russian Federation and reception in the Russian Federation of foreign currency from abroad without opening current currency accounts is carried out through operating divisions of authorized banks in accordance with the Russian legislation.

9.3. TRANSFER reception and pay out (including transfers of Electronic money) outside the territory of the Russian Federation.

9.3.1. In the implementation by the PARTICIPANT - non-resident of the Russian Federation of reception and pay out of TRANSFERS the PARTICIPANT is obliged to observe the legislation in force, as well as the legislation in sphere of counteraction to legalization (laundering) of incomes, received by criminal way and financing of terrorism, the country of registration and location.

9.4. TRANSFER irrevocability.

9.4.1. In the implementation by the PARTICIPANT-SENDER of the TRANSFER in the form of cash funds of the CLIENT-sender, provided without opening a bank account, or provided in the form of non-cash funds from the account of the CLIENT-sender for the payment of the TRANSFER of the CLIENT-beneficiary in the form of cash, for TRANSFER crediting to the account of the CLIENT-beneficiary (individual person), for TRANSFER crediting to the account of CLIENT-beneficiary (legal entity/individual entrepreneur) the irrevocability comes from the moment of providing the CLIENT-sender cash without opening a bank account for the purposes of TRANSFER implementation, or from the moment of write-off of money funds from banking accounts of the CLIENT-sender.

9.5. TRANSFER unconditionality.

9.5.1. In TRANSFER implementation by the PARTICIPANT-SENDER in the form of cash funds of the CLIENT-sender, provided without opening a bank account, or provided in the form of non-cash funds from the account of the CLIENT-sender for payment of the TRANSFER of the CLIENT-beneficiary in the form of cash, TRANSFER unconditionality comes into force performing all of the following conditions:

(a) in the provision of the sender of the amount of TRANSFER/write off from the account of TRANSFER amount and the commission for TRANSFER implementation for the PARTICIPANT-SENDER;

b) during the formation by the PARTICIPANT-SENDER and the transfer by the Payment System «LEADER» of the data on the TRANSFER to the PARTICIPANT-BENEFICIARY for pay out to the CLIENT-beneficiary;

c) when informing the CLIENT-beneficiary by the CLIENT-sender of the TRANSFER data;

d) in case if the CLIENT-beneficiary comes to the PARTICIPANT-BENEFICIARY for the TRANSFER sent by the sender;

e) in case of coincidence of the specified beneficiary’s data with the data specified in the documents presented by the beneficiary in order to obtain the TRANSFER (possible variants of spelling last name, name, patronymic (if any) are stated in Addendum 2 of the REGULATIONS);

(e) in case of coincidence of Unique Number of the TRANSFER, specified by the CLIENT-beneficiary with the data contained in SOFTWARE «LEADER».

9.5.2. In TRANSFER implementation of the PARTICIPANT-SENDER in the form of cash funds of the CLIENT-sender, provided without opening a bank account, or provided in the form of non-cash funds from the account of the CLIENT-sender for TRANSFER crediting to the account of the CLIENT-beneficiary (individual person), TRANSFER unconditionality comes into force performing all of the following conditions:

(a) in the provision of the sender of the amount of TRANSFER/write off from the account of TRANSFER amount and the commission of TRANSFER implementation for the PARTICIPANT-SENDER;

b) during the formation by the PARTICIPANT-SENDER and the transfer by the Payment System «LEADER» of the data on TRANSFER to the PARTICIPANT-BENEFICIARY to be credited to the account of the CLIENT-beneficiary;

c) when informing the CLIENT-beneficiary by the CLIENT-sender of the TRANSFER data;

d) in case if the CLIENT-beneficiary contacts the PARTICIPANT-BENEFICIARY in order to credit a TRANSFER sent by the sender.

9.5.3. In TRANSFER implementation by the PARTICIPANT-SENDER in the form of cash funds of the CLIENT-sender, provided without opening a bank account, or provided in the form of non-cash funds from the account of the CLIENT-sender for TRANSFER crediting to the account of CLIENT-beneficiary (legal entity/individual entrepreneur), TRANSFER unconditionality comes into force performing all of the following conditions:

(a) in the provision of the sender of the amount of TRANSFER/write off from the account of TRANSFER amount and the commission for TRANSFER implementation of the PARTICIPANT-SENDER;

b) when forming by the PARTICIPANT-SENDER and the transfer by the Payment System «LEADER» of TRANSFER data to the PARTICIPANT-BENEFICIARY or CLIENT-beneficiary, or the Operator of money transfer of the CLIENT-beneficiary to be credited to the account of the CLIENT-beneficiary;

c) when informing the CLIENT-beneficiary by the CLIENT-sender of the TRANSFER data;

d) in case if the CLIENT-beneficiary contacts the PARTICIPANT-BENEFICIARY or the Operator of money transfer of the CLIENT-beneficiary for TRANSFER crediting to the account of the CLIENT-beneficiary.

9.5.4. In TRANSFER implementation by the PARTICIPANT-SENDER of Electronic money the unconditionality, irrevocability and finality of TRANSFER occurs at the time of the reception by the PARTICIPANT-SENDER of the orders of the CLIENT-sender, for reducing by it of Electronic money balance of the CLIENT-sender and the increase by the PARTICIPANT-BENEFICIARY of Electronic money balance of the CLIENT-beneficiary of the funds to the TRANSFER amount of Electronic cash.

 

9.6. TRANSFER finality.

9.6.1. In case if the CLIENT-sender and the CLIENT-beneficiary of cash funds are served by one PARTICIPANT the TRANSFER finality, in the form of cash funds of the CLIENT-sender, provided without opening a bank account, or provided in the form of non-cash funds from the account of the CLIENT-sender for TRANSFER payment of the CLIENT-beneficiary in the form of cash funds, comes into force when paying out the TRANSFER to the beneficiary.

For TRANSFER pay out the beneficiary must meet all of the following conditions:

  • at the addressed technology:

(a) the provision of the sender of TRANSFER amount/write-off from the account of the amount of TRANSFER and commission fee for the TRANSFER implementation in the Point of TRANSFER receipt/pay out of the PARTICIPANT;

b) the formation by the PARTICIPANT and the transfer by the Payment System «LEADER» of the TRANSFER data, a certain Point of TRANSFER receipt/pay out of the PARTICIPANT for TRANSFER pay out for the CLIENT-beneficiary;

c) TRANSFER data informing of the CLIENT-beneficiary by the CLIENT-sender;

d) CLIENT-beneficiary contacts a certain Point of TRANSFER receipt/pay out of the PARTICIPANT for the purpose of TRANSFER pay out sent by the sender;

e) coincidence of the beneficiary’s data specified when making a TRANSFER with the data specified in the documents presented by the beneficiary in order to obtain the TRANSFER;

(f) the coincidence of the Unique Number of the TRANSFER, specified by the CLIENT-beneficiary with the data contained in SOFTWARE «LEADER».

  • at the non addressed technology:

(a) the provision of the sender of the TRANSFER amount/write-off from the account of the TRANSFER amount and the commission of TRANSFER implementation for the PARTICIPANT-SENDER;

b) the formation by the PARTICIPANT-SENDER and the transfer by the Payment System «LEADER» of TRANSFER data for the PARTICIPANT-BENEFICIARY for the purpose of payment to the CLIENT-beneficiary;

c) TRANSFER data informing of the CLIENT-beneficiary by the CLIENT-sender;

d) when the CLIENT-beneficiary contacts the PARTICIPANT-BENEFICIARY in order to obtain the TRANSFER sent by the sender;

e) coincidence of beneficiary’s data specified when making a TRANSFER from the data specified in documents, presented by the beneficiary in order to obtain the TRANSFER;

(f) the coincidence of the Unique Number of the TRANSFER, specified by the CLIENT-beneficiary with the data contained in SOFTWARE «LEADER».

9.6.2. In case if the CLIENT-sender and the CLIENT-beneficiary of cash funds are served by one PARTICIPANT the TRANSFER finality, in the form of cash funds of the CLIENT-sender, provided without opening a bank account, or provided in the form of non-cash funds from the account of the CLIENT-sender for TRANSFER crediting to the account of the CLIENT-beneficiary (individual person), comes into force when TRANSFER is credited to the account of the CLIENT-beneficiary.

To TRANSFER crediting the account of the CLIENT-beneficiary its necessary to meet all of the following conditions:

  • at the addressed technology:

(a) provision of the sender of the TRANSFER amount/write-off from the account of the TRANSFER amount and commission fee for the TRANSFER implementation in the Point of TRANSFER receipt/pay out of the PARTICIPANT;

b) formation by the PARTICIPANT and the transfer by the Payment System «LEADER» of the TRANSFER data, a certain Point of TRANSFER receipt/pay out of the PARTICIPANT to be credited to the account of the CLIENT-beneficiary;

c) TRANSFER data informing of the CLIENT-beneficiary by the CLIENT-sender;

d) when the CLIENT-beneficiary contacts a certain Point of TRANSFER receipt/pay out of the PARTICIPANT for the purpose of TRANSFER crediting to the account sent by the sender (if this is necessary in accordance with the internal documents of the PARTICIPANT).

  • at the non addressed technology:

(a) provision of the sender of the TRANSFER amount/write-off from the account of the TRANSFER amount and the commission of TRANSFER implementation for the PARTICIPANT-SENDER;

b) formation by the PARTICIPANT-SENDER and the transfer by the Payment System «LEADER» of the TRANSFER data to the PARTICIPANT-BENEFICIARY to be credited to the account of the CLIENT-beneficiary;

c) TRANSFER data informing of the CLIENT-beneficiary by the CLIENT-sender;

d) when the CLIENT-beneficiary contacts the PARTICIPANT-BENEFICIARY in order to credit the TRANSFER to the account sent by the sender (if it is necessary in accordance with the internal documents of the PARTICIPANT).

9.6.3. In case if the CLIENT-sender and the CLIENT-beneficiary of cash funds are served  by different PARTICIPANTS, the TRANSFER finality, in the form of cash funds of the CLIENT-sender, provided without opening a bank account, or provided in the form of non-cash funds from the account of the CLIENT-sender for the TRANSFER payment to the CLIENT-beneficiary in the form of cash, comes into force at the moment of TRANSFER amount crediting to the bank account of the PARTICIPANT-BENEFICIARY.

In case if the CLIENT-sender and the CLIENT-beneficiary of cash funds are served by different PARTICIPANTS, to credit the TRANSFER amount to the bank account of the PARTICIPANT-BENEFICIARY its necessary to meet all of the following conditions:

  • at the addressed technology:

(a) provision of the sender of the TRANSFER amount/write-off from the account of the TRANSFER amount and the commission of  TRANSFER implementation for the PARTICIPANT-SENDER;

b) formation by the PARTICIPANT and the transfer by the Payment System «LEADER» of the TRANSFER data, a certain Pont of TRANSFER receipt/pay out of the PARTICIPANT-BENEFICIARY for the purpose of the TRANSFER payment to the CLIENT-beneficiary.

  • at the non addressed technology:

(a) provision of the sender of the TRANSFER amount/write-off from the account of the TRANSFER amount and the commission of TRANSFER implementation for the PARTICIPANT-SENDER;

b) formation by the PARTICIPANT-SENDER and the transfer by the Payment System «LEADER» of the TRANSFER data to the PARTICIPANT-BENEFICIARY for the purpose of the TRANSFER payment to the CLIENT-beneficiary.

9.6.4. In case if the CLIENT-sender and the CLIENT-beneficiary of cash funds are served by different PARTICIPANTS, the TRANSFER finality, in the form of cash funds of the CLIENT-sender, provided without opening a bank account, or provided in the form of non-cash funds from the account of the CLIENT-sender for TRANSFER crediting to the account of the CLIENT-beneficiary (individual person), comes into force at the moment of TRANSFER amount crediting to the bank account of the PARTICIPANT-BENEFICIARY.

In case if the CLIENT-sender and the CLIENT-beneficiary of cash funds are served by different PARTICIPANTS, to credit the TRANSFER amount to the bank account of the PARTICIPANT-BENEFICIARY its necessary to meet all of the following conditions:

  • at the addressed technology:

(a) provision of the sender of the TRANSFER amount/write-off from the account of the TRANSFER amount and the commission of  TRANSFER implementation for the PARTICIPANT-SENDER;

b) formation by the PARTICIPANT and the transfer by the Payment System «LEADER» of the TRANSFER data, a certain Pont of TRANSFER receipt/pay out of the PARTICIPANT-BENEFICIARY for the purpose of the TRANSFER payment to the CLIENT-beneficiary.

  • at the non addressed technology:

(a) provision of the sender of the TRANSFER amount/write-off from the account of the TRANSFER amount and the commission of TRANSFER implementation for the PARTICIPANT-SENDER;

b) formation by the PARTICIPANT-SENDER and the transfer by the Payment System «LEADER» of the TRANSFER data to the PARTICIPANT-BENEFICIARY for the purpose of the TRANSFER payment to the CLIENT-beneficiary.

9.6.5. In TRANSFER implementation by the PARTICIPANT-SENDER in the form of cash funds of the CLIENT-sender, provided without opening a bank account, or provided in the form of non-cash funds from the account of the CLIENT-sender to credit TRANSFER to the account of CLIENT-beneficiary (legal entity/individual entrepreneur), the TRANSFER finality occurs at the moment of TRANSFER amount crediting to the bank account of the PARTICIPANT-BENEFICIARY, servicing the CLIENT-beneficiary, or the Operator for money transfer servicing the CLIENT-beneficiary.

To credit TRANSFER to the account of CLIENT-beneficiary (legal entity/individual entrepreneur) its necessary to meet all of the following conditions:

(a) provision of the sender of the TRANSFER amount/write-off from the account of the TRANSFER amount and the commission of TRANSFER implementation for the PARTICIPANT-SENDER;

b) formation by the PARTICIPANT-SENDER and the transfer by the Payment System «LEADER» of the TRANSFER data to the PARTICIPANT-BENEFICIARY for the purpose of the TRANSFER payment to the CLIENT-beneficiary.

 

9.7. Order of data changing of sent TRANSFER.

9.7.1. The procedure of making changes to the data of sent TRANSFER can be made before the moment of TRANSFER payment to the CLIENT-beneficiary in the form of cash funds, TRANSFER crediting to the account of the CLIENT-beneficiary (individual person), crediting the TRANSFER amount to the bank account of the PARTICIPANT-BENEFICIARY or Operator of money transfer servicing the CLIENT-beneficiary (legal entity or individual entrepreneur).

9.7.2. The procedure and conditions of making changes to the data of sent TRANSFER set forth in this Chapter, the PARTICIPANT-SENDER shall bring to the attention of the CLIENT-sender independently.

9.7.3. Introduction of changes in the data of generated and sent TRANSFER is carried out on request of the CLIENT-sender at its personal presence in the Point of TRANSFER receipt/pay out of the PARTICIPANT-SENDER, in which the TRANSFER order of the sender was accepted.

9.7.4. In case of TRANSFER implementation through attracted by the PARTICIPANT BPA/BPS, by means of ATMs, Payment terminals, REMOTE METHODS of CUSTOMER SERVICE of the PARTICIPANT, the introduction of changes to the data of generated and sent TRANSFER is carried out on request of the CLIENT-sender at its personal presence in the Point of TRANSFER receipt/pay out of the PARTICIPANT-SENDER, defined by the PARTICIPANT-SENDER.

9.7.5. The procedure of making changes to the data of sent TRANSFER is made by the PARTICIPANT-SENDER when providing by the sender of the identity document, containing information sufficient to identify it in accordance with the legislation of the country of registration and the location of the PARTICIPANT-SENDER, documents confirming the fact of TRANSFER sending, as well as the application to change the data of sent TRANSFER. In the absence of the documents confirming the fact of TRANSFER sending at the sender and other evidence of its commitment, the PARTICIPANT-SENDER refuses a CLIENT-sender in making changes to the data of sent TRANSFER.

9.7.6. The PARTICIPANT-SENDER sends a request with the information on change of the data of sent TRANSFER to the Payment System «LEADER» not later than 15 minutes from the moment of its receipt of documents, specified in the subparagraph. 9.7.5. of this chapter, in order to implement the operations on change of the data of sent TRANSFER. The PARTICIPANT-SENDER shall bring to the attention of the CLIENT-sender that changes to data of sent TRANSFER is made only with a positive response of SOFTWARE «LEADER» to a query. SOFTWARE «LEADER» handles the request with the information on change of the data of sent TRANSFER, and shall notify the PARTICIPANT-SENDER about the possibility of making changes to the data of sent TRANSFER, or of the impossibility of making changes to the data of sent TRANSFER. If the answer is positive of SOFTWARE «LEADER» at the request the modifications are made in the terms provided for in the agreements of the OPERATOR with the respective counterparties. In the absence of acceptance of the counterparty of the OPERATOR to change the data of sent TRANSFER, SOFTWARE «LEADER» directs to the PARTICIPANT-SENDER negative answer to the request and the data changes are not made.

After the change the PARTICIPANT-SENDER informs the sender about the fact of changes in data of TRANSFER and provides the sender a copy of the application to change the data of sent TRANSFER with the check of execution by the PARTICIPANT-SENDER.

9.7.7. For changes in the data of sent TRANSFER an additional fee may be charged from the sender depending on the conditions of technological interaction of the OPERATOR with the counterparties, the amount of which is stipulated by the TARIFFS of the Payment System «LEADER» and brought to the attention of the TRANSFER sender by the PARTICIPANT-SENDER until the moment of procedure implementation for changing the data of sent TRANSFER.

 

9.8. Pprocedure for TRANSFER return, sent/written off from the account of the CLIENT-sender (individual person)

9.8.1. The PARTICIPANT-SENDER in the framework of the acquaintance of the CLIENT-sender with the terms of TRANSFER implementation of the Payment System «LEADER» brings to its attention the procedure and conditions of TRANSFER return.

9.8.2. The procedure of money return for the TRANSFER sent/written-off from the account shall be carried out prior to the TRANSFER Finality, unless otherwise stipulated by these REGULATIONS. The offensive of the TRANSFER Finality may be in a period of 60 (sixty) calendar days from the moment of the provision by the CLIENT-sender of cash money funds without opening a bank account for the purposes of TRANSFER implementation, or from the moment of money funds write-off from bank account of the CLIENT-sender.

9.8.3. In case if the TRANSFER Finality not come within 60 (sixty) calendar days from the moment of the provision by the CLIENT-sender of cash money funds, the TRANSFER:

  • provided by the CLIENT-sender from its bank account, should be returned to the CLIENT-sender to its account after a specified period from the date of money granting by the CLIENT-sender;
  • provided by the CLIENT-sender without opening a bank account, can be returned to the CLIENT-sender within 3 (three) years from the date of money granting by the CLIENT-sender.

9.8.4. TRANSFER return procedure, initiated by the CLIENT-sender, is carried out in personal presence of the CLIENT-sender in the Point of TRANSFER receipt/pay out of the PARTICIPANT-SENDER, BPA/BPS of the PARTICIPANT, in which the order of the CLIENT-sender on TRANSFER implementation was accepted or in any other Point of TRANSFER receipt/pay out of the PARTICIPANT-SENDER, BPA/BPS of the PARTICIPANT, if this operation is technologically possible in the Payment System «LEADER».

9.8.5. TRANSFER return is made by the PARTICIPANT-SENDER (its BPA/BPS) in the provision by the CLIENT-sender of the identity document, containing information sufficient to identify it in accordance with the legislation of the country of registration and the location of the PARTICIPANT-SENDER, the document confirming the fact of TRANSFER sending, as well as the application for money transfer return.

9.8.6. If the TRANSFER was sent/written-off from the account using ATM, Payment terminal, REMOTE METHOD of CUSTOMER SERVICE, the PARTICIPANT independently determines and informs the CLIENT about the territorial location of the Point of TRANSFER receipt/pay out of the PARTICIPANT, in which TRANSFER return will be implemented.

9.8.7. Upon receipt by the PARTICIPANT-SENDER (its BPA/BPS) from the CLIENT-sender of the documents necessary for TRANSFER return, the PARTICIPANT-SENDER (its BPA/BPS) submits the appropriate ESID via EDMS with a request for sent/written-off from the account TRANSFER return. The Payment System «LEADER» processes the request and shall notify the PARTICIPANT-SENDER (its BPA/BPS) on the possibility/impossibility of TRANSFER return.

9.8.8. Upon receipt of confirmation by the Payment System «LEADER» of the possibility of TRANSFER return the PARTICIPANT-SENDER (its BPA/BPS) informs the CLIENT-sender about the possibility of TRANSFER return and provides the CLIENT-sender with the application for TRANSFER return, signed by the Operator of the PARTICIPANT-SENDER (ita BPA/BPS). If the Payment System «LEADER» response is negative the PARTICIPANT-SENDER (its BPA/BPS) shall inform the CLIENT-sender about the impossibility of TRANSFER return.

9.8.9. If TRANSFER is unclaimed by the beneficiary then the commission fee amount paid by the CLIENT-sender is not returnable in TRANSFER return procedure.

9.8.10. In case of TRANSFER return to the CLIENT-sender in the operational day, corresponding the operational day of TRANSFER sending/write-off from the account, TRANSFER amount in cash can be returned to the CLIENT-sender, as well as the commission fee for TRANSFER implementation paid by the CLIENT-sender. The PARTICIPANT-SENDER (its BPA/BPS) promptly after TRANSFER sending/write-off from the account must send the corresponding ESID via EDMS with a request for sent/written off from the account TRANSFER, as well as the commission fee paid by the CLIENT-sender. The Payment System «LEADER» processes the request and shall notify the PARTICIPANT-SENDER (its BPA/BPS) on the possibility/impossibility of TRANSFER return and commission fee. When the Payment System «LEADER» receives the confirmation the TRANSFER and its corresponding commission fee paid by the CLIENT-sender, is not taken into account, is not reflected in mutual settlements with the PARTICIPANT-SENDER, and TRANSFER amount and commission fee is returned to the CLIENT-sender.

9.8.11. In case of TRANSFER return the additional commission fee may be charged from the CLIENT-sender in accordance with the TARIFFS of the Payment System «LEADER» for TRANSFER return depending on the conditions of technological interaction of the OPERATOR and its counterparty. The PARTICIPANT-SENDER (its BPA/BPS) informs the CLIENT-sender about the TARIFFS for TRANSFER return before the procedure of TRANSFER send/write-off from the account.

9.8.12. In case if the CLIENT-sender losses the documents required for the PARTICIPANT-SENDER (its BPA/BPS) for the implementation of TRANSFER return procedure, the PARTICIPANT-SENDER independently determines the possibility of TRANSFER return.

 

9.9. Procedure for TRANSFER pay out/crediting to the account

9.9.1. TRANSFER can be paid out in cash or credited to the account of the CLIENT-beneficiary (individual person), opened with the PARTICIPANT-BENEFICIARY. TRANSFER payment in favor of legal persons is carried out only in non-cash form by transferring/depositing funds to the account of a legal person on the requisites specified by the CLIENT-sender.

9.9.2. If the TRANSFER is addressed the payment in the form of cash funds to the CLIENT-beneficiary is carried out in a certain Point of TRANSFER receipt/pay out of the PARTICIPANT-BENEFICIARY (its BPA/BPS). If the TRANSFER is non addressed the payment in the form of cash funds to the CLIENT-beneficiary is carried out in any Point of TRANSFER receipt/pay out of the PARTICIPANT (its BPA/BPS), if otherwise is not stipulated by the internal documents of the PARTICIPANT.

9.9.3. For TRANSFER pay out in the form of cash funds the CLIENT-beneficiary (individual person) shall provide the Operator of the PARTICIPANT-BENEFICIARY (its BPA/BPS) the following data:

  • Unique TRANSFER Number (UTN);
  • amount and currency of TRANSFER;
  • surname, name and patronymic (if available) of the CLIENT-sender.
  • CLIENT-beneficiary provides the PARTICIPANT-BENEFICIARY (its BPA/BPS) a personal identity document, containing the information, sufficient for its identification and implementation of operations in accordance with the legislation of the country of registration and the location of the PARTICIPANT-BENEFICIARY. TRANSFER pay out to the CLIENT-beneficiary is carried out only under the condition of complete coincidence of the data specified in the Payment System «LEADER», with the data provided by the CLIENT-beneficiary in order to obtain the TRANSFER.

9.9.4. In accordance with the legislation of the country of registration and the location of the PARTICIPANT-BENEFICIARY, as well as the internal documents of the PARTICIPANT-BENEFICIARY governing the procedure of TRANSFER pay out, the CLIENT-beneficiary may be requested to submit additional information and documents in order to implement the payment of a money TRANSFER.

  • 9.9.5. The PARTICIPANT-BENEFICIARY (its BPA/BPS) on a mandatory basis provides the CLIENT-beneficiary for the signing of a filled in electronically, printed out on paper and signed by the Operator of the PARTICIPANT-BENEFICIARY (its BPA/BPS) application for the TRANSFER, containing the following information:
  • country and city of TRANSFER;
  • amount and currency of TRANSFER for the payment to the CLIENT-beneficiary;
  • date and time of the transaction;
  • name and address of the PARTICIPANT-BENEFICIARY (its BPA/BPS) which is paying out the TRANSFER;
  • Unique TRANSFER Number;
  • surname, name and patronymic (if available) of the CLIENT-sender;
  • surname, name and patronymic (if available) of the CLIENT-beneficiary;
  • data, filled in by the PARTICIPANT-BENEFICIARY (its BPA/BPS) in accordance with provided CLIENT-beneficiary’s document certifying the identity, containing information sufficient to identify it and the implementation of operations in accordance with the legislation of the country of registration and the location of the PARTICIPANT-BENEFICIARY;
  • details and the contact details of the Payment System «LEADER»;
  • other information, obligatory for filling, in accordance with the terms of money TRANSFER.

9.9.6. From the moment of receipt of the necessary information and documents by the PARTICIPANT-BENEFICIARY (its BPA/BPS) from the CLIENT-beneficiary in order to implement TRANSFER pay out, the PARTICIPANT-BENEFICIARY (its BPA/BPS) submits the appropriate ESID via EDMS in the Payment System «LEADER» with the request about the possibility of TRANSFER pay out.

9.9.7. Payment System «LEADER» processes the request and shall notify the PARTICIPANT-BENEFICIARY (its BPA/BPS) on the possibility/impossibility of TRANSFER pay out. Upon receipt of confirmation of Payment System «LEADER» on the possibility of TRANSFER pay out, the PARTICIPANT-BENEFICIARY (its BPA/BPS) pays out the TRANSFER to the CLIENT-beneficiary.

 

10.  ORDER OF THE MAINTENANCE OF FUNDS TRANSFER WITH THE INFORMATION ABOUT THE CLIENT IN ACCORDANCE WITH THE REQUIREMENTS OF THE FEDERAL LAW DATED ON 07.08.2001 № 115-FZ IN THE CASE, IF THEY ARE NOT IN THE POSSESSION OF THE PARTICIPANT OF THE PAYMENT SYSTEM «LEADER»

10.1. In the absence of the information in the application for money transfer, stipulated by the Federal law from 07.08.2001 № 115-FZ «On combating legalization (laundering) of the incomes received by criminal way, and terrorism financing» (if identification is mandatory), the Operator of the PARTICIPANT (its BPA/BPS) is obliged to refuse the orders of the CLIENT to send the TRANSFER.

10.2. In the absence of available information (EPD) of the PARTICIPANT (based on the CLIENT's application for money transfer) about the sender of the TRANSFER, provided for by the Federal law from 07.08.2001 № 115-FZ «On combating legalization (laundering) of the incomes received by criminal way, and terrorism financing», the PAYMENT CLEARING CENTER through OPERATIONAL CENTER in the day of receipt of the order (EPD) of the PARTICIPANT asks the PARTICIPANT of such information. If any PARTICIPANT not later than the day of receipt of the request of the PAYMENT CLEARING CENTER shall send to the OPERATIONAL CENTRE amended regulation (EPD) with the indication of such information or ESID, containing the data.

10.3. In case, if the PARTICIPANT didn’t send to the OPERATIONAL CENTRE of the above information or informed about their absence, regulation (EPD) shall not be accepted for execution of PAYMENT CLEARING CENTER, about than PAYING CLEARING CENTER shall inform the PARTICIPANT by means of an OPERATIONS CENTER not later than the working day following the day of receipt of the order (EPD) of the PARTICIPANT. In case of absence of PAYMENT CLEARING CENTER of the order of the PARTICIPANT returns a TRANSFER a sender in accordance with the REGULATIONS.

 

11.  PROCEDURE OF PAYMENT FOR SERVICES ON TRANSFERS

11.1. The Commission fee collected from the CLIENT when sending a TRANSFER is established and placed in the appropriate section of the site in the Internet network at the address: www.leadermt.ru. Procedure of payment for services on TRANSFERS is uniformed in the framework of the Payment System «LEADER».

11.2. The size and the mechanism of payment of commission fee shall be established by the OPERATOR of the Payment System «LEADER» in the unilateral order, which can change it, including through the adoption of relevant decisions unilaterally or through the conclusion of agreements with the PARTICIPANTS of the data changes. The size and the mechanism for paying the commission, established by the OPERATOR of the Payment System «LEADER», is mandatory for all PARTICIPANTS (their BPA/BPS).

11.3. In case of change by the OPERATOR of the Payment System «LEADER» of the size and the mechanism of payment of commission fee data changes are published in the corresponding section of a site in the Internet network at the address: www.leadermt.ruor are sent to the OPERATOR of the Payment System «LEADER of the PARTICIPANT on the AGREED MEANS of COMMUNICATION or an official letter. Changes come into force from the date specified in such changes, or from the moment of sending by the OPERATOR of Payment System «LEADER» to the PARTICIPANT of data changes according to the AGREED MEANS of COMMUNICATION or an official letter.

11.4. If the PARTICIPANT did not get an official letter, or if the PARTICIPANT is not acquainted with ESID with the changes, sent via AGREED MEANS of COMMUNICATION, the OPERATOR of the Payment System «LEADER» shall notify the PARTICIPANT of the changes through the transfer of relevant information in SOFTWARE «LEADER», SOFTWARE «LEO» immediately before the TRANSFER implementation.

11.5. The PARTICIPANT (its BPA/BPS) up to the moment of TRANSFER implementation, provides the CLIENTS with the accessible form in its CUSTOMER service Points according to the SYSTEM LEADER, by means of REMOTE METHODS of CUSTOMER SERVICE in force at the time of TRANSFER sending the size and the mechanism for paying the commission, as well as the currency exchange rate established by the OPERATOR, when a difference of currency funds, provided by the sender, and the currency of TRANSFER pay out.

11.6. The PARTICIPANTS (its BPA/BPS) do not have the right to charge the CLIENT a commission fee, which is different from the size set in SOFTWARE «LEADER», SOFTWARE «LEO».

11.7. Commission fee, paid by the CLIENT:

  • is charged from the CLIENT by the PARTICIPANT (its BPA/BPS) according to the TARIFFS in the currency of TRANSFER, unless otherwise stipulated by the legislation of the PARTICIPANT (it BPA/BPS) or the AGREEMENT;
  • is charged in excess of the TRANSFER amount except cases of cross-border TRANSFER, if such a condition is fixed in the TARIFFS;
  • can be expressed:

- as a percentage to TRANSFER amount with possible limitation of the sum of commission fee;

- within the fixed amount of cash;

- as a percentage to TRANSFER amount and fixed amount;

11.8. Size of commission fee, paid by the sender, depends on:

 

  • type of TRANSFER (without opening of the account, from the account, E-cash, etc.);
  • amount of a specific type of TRANSFER;
  • place of money TRANSFER implementation (certain BPA, BPS, as well as with the use of Payment terminals, ATMs, REMOTE METHODS of CUSTOMER SERVICE, etc.);
  • TRANSFER currency, which shall be paid out/credited to the account of the beneficiary;
  • presence/absence of intermediaries in TRANSFER implementation;
  • direction of TRANSFER on a territorial basis;
  • other signs.

 

12.  PROCEDURE OF PAYMENT CLEARING AND SETTLEMENTS

12.1. Mechanism of interaction of direct PARTICIPANTS, OPERATOR and Operators of payment infrastructure services in determining the payment clearing position on TRANSFERS on a net basis

12.1.1. With the implementation by the direct PARTICIPANTS of TRANSFERS sending of individuals without opening accounts or to accounts opened with the PARTICIPANT, to the benefit of individuals, and paying out (return) of TRANSFERS in the form of cash or through crediting to the account, as well as payments in the form of cash or by TRANSFER crediting to the account, transferred from the accounts of legal entities in favor of natural persons, the direct PARTICIPANT of the Payment System «LEADER» forms EPD in EDMS, which contains the appropriate decree of the direct PARTICIPANT, which shall be sent by the AGREED MEANS of COMMUNICATION to the OPERATIONAL CENTER.

12.1.2. When forming EPD in EDMS containing the corresponding decree of the direct PARTICIPANT on the acceptance and sending/pay out/crediting to the account/TRANSFER return, the OPERATIONAL CENTER transfers EPD to the PAYMENT CLEARING CENTER and the OPERATOR of the Payment System «LEADER».

12.1.3. OPERATOR shall have the right to give the PAYMENT CLEARING CENTER a decree on impossibility to accept for execution the orders of a direct PARTICIPANT of TRANSFER pay out/crediting to the account/TRANSFER return and the need to identify of the payment clearing position of direct PARTICIPANT by the PAYMENT CLEARING CENTER in order to implement settlements.

On the basis of information about the presence and the amount of monetary funds on the accounts of the direct PARTICIPANT in the SETTLEMENT CENTRE, PAYMENT CLEARING CENTER after verification of conformity disposal of the requirements of the REGULATIONS and requirements on maintenance disposal the information about the payer, established by the legislation, determines the adequacy of cash of direct PARTICIPANT for the order execution of the direct PARTICIPANT on TRANSFER reception and sending. In determining the sufficiency of funds on bank accounts of direct PARTICIPANT in the SETTLEMENT CENTRE, all amounts of monetary funds are taken into account, transferred prior to the day of making settlements during the reporting period by the direct PARTICIPANT to a bank account in the SETTLEMENT CENTRE in order to implement TRANSFERS by the direct PARTICIPANT (its BPA/BPS and indirect(s) PARTICIPANT(S), which opened bank account(s) with the direct PARTICIPANT), as well as the limits set by the OPERATOR of direct PARTICIPANT. With the lack of cash of direct PARTICIPANT in bank accounts in the SETTLEMENT CENTRE the OPERATOR has the right to give the PAYMENT CLEARING CENTER the order on impossibility to accept for execution the orders of a direct PARTICIPANT of TRANSFER reception and sending and the need to identify the payment clearing position of direct PARTICIPANT by the PAYMENT CLEARING CENTER in order to implement settlements with it.

12.1.4. At admission to the execution of orders of direct PARTICIPANT to the sending/pay out/crediting to the account/TRANSFER return the PAYMENT CLEARING CENTER sends a corresponding ESID to the OPERATIONAL CENTER in order to transmit by the OPERATIONAL CENTER of the relevant ESID to the direct PARTICIPANT about the order accepted for execution.

12.1.5. On the day of settlements for the reporting period, determined by these REGULATIONS and(or) the AGREEMENT with the PARTICIPANT the PAYMENT CLEARING CENTER shall establish on a net basis the payment clearing position of a direct PARTICIPANT for the reporting period. Payment clearing position on a net basis is determined in the amount of the difference between the total amount subject to execution orders of the direct PARTICIPANT through which direct PARTICIPANT is the payer (the amount of received and sent TRANSFERS, including commission fee of direct PARTICIPANT), and the total amount of orders of the direct PARTICIPANT through which direct PARTICIPANT is the recipient of funds (amount of paid out/credited to the account/returned TRANSFERS, including commission fee of direct PARTICIPANT).

12.1.5.1. If the results of the activities of the direct PARTICIPANT for the reporting period on the total amounts of sent/paid out/credited to the account (subject to commission fee) and returned TRANSFERS in the Payment System «LEADER» payment clearing positions in respective currencies shall be defined in the benefit of the PARTICIPANT, the SETTLEMENT CENTER in the settlement day for the reporting period debits the amounts of certain clearing positions from bank accounts of the CENTRAL PAYMENT CLEARING COUNTERPARTY and at the same time credits them to the bank accounts of the direct PARTICIPANT in the procedure, stipulated by clause 12.1.6. of this Chapter.

12.1.5.2. If the results of the activities of the direct PARTICIPANT for the Reporting period on the total amounts of sent/paid out/credited to the account (subject to commission fee) and returned TRANSFERS via the Payment System «LEADER», the payment clearing position is defined in favor of the OPERATOR, the SETTLEMENT CENTRE on the day of settlements during the reporting period debit the amounts of certain clearing positions from bank accounts of the direct PARTICIPANT in the procedure, stipulated by clause 12.1.6. of this Chapter and at the same time shall transfer these amounts to bank account of CENTRAL PAYMENT CLEARING COUNTERPARTY.

12.1.6. After determining the payment clearing positions of the direct PARTICIPANT for the reporting period the PAYMENT CLEARING CENTER or the OPERATOR of the Payment System «LEADER» (with direct debiting with advanced acceptance) directs to the SETTLEMENT CENTER for execution of EPD with the order of PAYMENT CLEARING CENTER or OPERATOR on the amounts of certain clearing positions on a net basis through the debiting or crediting of funds on the bank accounts of the direct PARTICIPANT or bank accounts of CENTRAL PAYMENT CLEARING COUNTERPARTY.

12.1.7. After settlements implementation by means of debiting or crediting of funds on the bank accounts of the direct PARTICIPANT or bank accounts of CENTRAL PAYMENT CLEARING COUNTERPARTY on the basis of the amounts of the certain payment clearing positions on a net basis received from PAYMENT CLEARING CENTER or EPD OPERATOR with the order, SETTLEMENT CENTER shall send to the PAYMENTS CLEARING CENTER and ESID OPERATOR with the confirmation of EPD data execution.

12.1.8. After receiving ESID with the confirmation of EPD execution with the order of PAYMENT CLEARING CENTER or OPERATOR for the amount of certain clearing positions on a net basis, PAYMENT CLEARING CENTER sends the resulting ESID to the OPERATIONAL CENTER for the purpose of transfer confirmation of order execution to a direct PARTICIPANT of the PAYMENT CLEARING CENTER or OPERATOR on the amount of certain payments clearing positions on a net basis.

12.2. Mechanism of interaction of direct PARTICIPANTS, OPERATOR and Operators of payment infrastructure services in determining the payment clearing position of TRANSFERS on a gross basis

12.2.1. When direct PARTICIPANTS implement TRANSFERS of individuals without opening accounts or from accounts opened with the PARTICIPANT, to the benefit of individuals/legal entities, and the payment (return) of TRANSFERS in the form of cash or through crediting to the account, as well as payments in the form of cash or by crediting TRANSFERS to the account, transferred from the accounts of legal entities in favor of individual persons, the direct PARTICIPANT of the Payment System «LEADER» forms EPD in EDMS, which contains the appropriate decree of the direct PARTICIPANT, which shall be sent via the AGREED MEANS OF COMMUNICATION to the OPERATIONAL CENTER.

12.2.2. When forming EDMS in EPD, containing the appropriate disposition of the direct PARTICIPANT about the reception/pay out/crediting to the account/TRANSFER return, OPERATIONAL CENTER transfers this EPD to the PAYMENT CLEARING CENTER and the OPERATOR.

12.2.3. The OPERATOR shall have the right to give to the PAYMENT CLEARING CENTER a decree on impossibility to accept for execution the orders of a direct PARTICIPANT of pay out/crediting to the account/TRANSFER return and the need to identify by the PAYMENT CLEARING CENTER of the payment clearing position of direct PARTICIPANT in order to implement settlements with it.

On the basis of information about the presence and the amount of monetary funds on the accounts of the direct PARTICIPANT in the SETTLEMENT CENTRE, PAYMENT CLEARING CENTER after verification of conformity disposal of the requirements of the RULES and requirements on maintenance disposal the information about the payer, established by the legislation, determines the adequacy of cash of direct PARTICIPANT for the execution of the direct PARTICIPANT’s order for TRANSFER reception and sending. In determining the sufficiency of funds in the accounts of the direct PARTICIPANT in the SETTLEMENT CENTRE, all amounts of monetary funds are taken into account, transferred prior to the day of making settlements during the reporting period by the direct PARTICIPANT to a bank accounts in the SETTLEMENT CENTRE in order to implement TRANSFERS by the direct PARTICIPANT (its BPA/BPS and indirect PARTICIPANT(S), who opened bank accounts with a direct PARTICIPANT), as well as the limits set by the OPERATOR for direct PARTICIPANT. With the lack of cash of direct PARTICIPANT in bank accounts in the SETTLEMENT CENTRE the OPERATOR has the right to give the PAYMENT CLEARING CENTER a decree on to accept for execution the orders of a direct PARTICIPANT of TRANSFER reception and sending and the need to identify the payment clearing position of direct PARTICIPANT by the PAYMENT CLEARING CENTER in order to implement settlements with it.

12.2.4. At admission to the execution of order of the direct PARTICIPANT on TRANSFER pay out/crediting on the account/return/sending the PAYMENT CLEARING CENTER sends a corresponding ESID to the OPERATIONAL CENTRE in order to transmit by the OPERATIONAL CENTER of the relevant ESID to direct PARTICIPANT as accepted for execution of the order.

12.2.5. On the day of settlement during the reporting period, determined by these REGULATIONS and(or) the AGREEMENT with the PARTICIPANT, the PAYING CLEARING CENTER shall establish, on the basis of the gross payment clearing position of a direct PARTICIPANT in the reporting period. Payment clearing position on a gross basis is determined in the amount of the sum of the individual orders or total amount of orders of the direct PARTICIPANT through which direct PARTICIPANT is the payer (the amount of received and sent TRANSFERS, including commission fee of direct PARTICIPANT), or the beneficiary of funds (amount of paid out/credited to the account/returned TRANSFERS, including commission fee of direct PARTICIPANT).

12.2.6. After the determination of the payment clearing position of the direct PARTICIPANT for the reporting period on a gross basis the PAYMENT CLEARING CENTER or OPERATOR (with direct debiting to advance acceptance) sends to the SETTLEMENT CENTER the orders of the direct PARTICIPANT for the performance by debiting or crediting of funds on the bank accounts of the direct PARTICIPANT or bank accounts of CENTRAL PAYMENT CLEARING COUNTERPARTY.

12.2.7. After settlements implementation by means of debiting or crediting of funds on the bank accounts of the direct PARTICIPANT or bank accounts of CENTRAL PAYMENT CLEARING COUNTERPARTY on the basis of the PAYMENT CLEARING CENTER or OPERATOR (with direct debiting to advance acceptance) orders of the direct PARTICIPANT for execution, and SETTLEMENT CENTER shall send ESID to the PAYMENTS CLEARING CENTER and the OPERATOR with the confirmation of implementation of these orders.

12.2.8. After receiving ESID with the confirmation of orders execution of direct PARTICIPANT the PAYMENT CLEARING CENTER sends the resulting ESID to the OPERATIONAL CENTRE for the transfer to a direct PARTICIPANT of the confirmation of fulfillment of its orders.

12.3. Particularities of determining the payment clearing position of indirect PARTICIPANTS

12.3.1. TRANSFERS of the indirect PARTICIPANT, reflected in the reports of the Payment System «LEADER» in SOFTWARE «LEADER» are taken into account when determining the payment clearing position of the direct PARTICIPANT to the net and on a gross basis. In banking account agreement concluded between the direct PARTICIPANT or indirect PARTICIPANT, opening a bank account with a direct PARTICIPANT, must be provided by the consent of the indirect PARTICIPANT (in advance the acceptance) on the execution of orders (requirements) of the OPERATOR (direct debit).

A direct PARTICIPANT guarantees execution of obligations of the indirect PARTICIPANT, opened bank account(s) with it. In these REGULATIONS direct PARTICIPANT gives the OPERATOR the acceptance on the write-off of funds from its banking account(s) opened in the SETTLEMENT CENTRE for the obligations of the indirect PARTICIPANT (opened its bank account(s) based on ordinances of the indirect PARTICIPANT.

12.3.2. With the implementation TRANSFER sending of individuals without opening accounts or to accounts opened with the indirect PARTICIPANT, to the benefit of individuals/legal entities, and payment of TRANSFERS in the form of cash or through crediting to the account, as well as payments in the form of cash or by TRANSFER crediting to the account, transferred from the accounts of legal entities in favor of individuals by the indirect PARTICIPANTS (opened bank account(s) with the direct PARTICIPANTS of the SYSTEM), indirect PARTICIPANT forms EPD in EDMS, which contains the appropriate decree of the indirect PARTICIPANT, which shall be sent by the AGREED MEANS of COMMUNICATION to direct PARTICIPANT and the OPERATIONAL CENTRE.

12.3.3. When forming EPD in EDMS, containing the corresponding decree of the indirect PARTICIPANT on TRANSFER reception/pay out/crediting to the account/refund, the OPERATIONAL CENTER transfers EPD to the PAYMENT CLEARING CENTER and the OPERATOR.

12.3.4. The SYSTEM OPERATOR has the right to give the PAYMENT CLEARING CENTER a decree about the impossibility of reception to the execution of orders of indirect PARTICIPANT about TRANSFER pay out/crediting to the account/return and the need to identify the payment clearing position of direct PARTICIPANT by the PAYMENT CLEARING CENTER in order to implement settlements with it taking into account of TRANSFERS of the indirect PARTICIPANT.

On the basis of information about the presence and amount of funds in the bank accounts of the direct PARTICIPANT in the SETTLEMENT CENTRE, PAYMENT CLEARING CENTER after verifying the conformity of the order of the indirect PARTICIPANT of the requirements of the RULES and requirements on maintenance disposal the information about the payer, established by the legislation, determines the adequacy of cash of direct PARTICIPANT for the execution of the indirect participants about TRANSFER reception and sending. In determining the sufficiency of funds on bank accounts of a direct PARTICIPANT in the SETTLEMENT CENTRE, all amounts of monetary funds are taken into account, transferred prior to the day of making settlements during the reporting period by the direct PARTICIPANT to a bank account in the SETTLEMENT CENTRE in order to implement TRANSFERS by the direct PARTICIPANT (its BPA/BPS) and indirect PARTICIPANT(S) which opened bank account(s) with direct PARTICIPANT, as well as the limits set by the SYSTEM OPERATOR for the direct PARTICIPANT, including the TRANSFERS of the indirect PARTICIPANT(S), with the lack of cash of direct PARTICIPANT in bank accounts in the SETTLEMENT CENTRE the OPERATOR has the right to give the PAYMENT CLEARING CENTER of the order on the impossibility of reception to the execution of orders of indirect PARTICIPANT on TRANSFER acceptance and sending and the need to identify the payment clearing position of direct PARTICIPANT by the PAYMENT CLEARING CENTER in order to implement settlements with it.

12.3.5. At admission to the execution of orders of indirect PARTICIPANT on TRANSFER pay out/crediting on the account/return/sending the PAYMENT CLEARING CENTER sends a corresponding ESID to the OPERATIONAL CENTRE in order to transmit by the OPERATIONAL CENTER of the relevant ESID to the indirect PARTICIPANT, direct PARTICIPANT on acceptance for order execution.
    12.3.6. On the day of settlements during the reporting period with a direct PARTICIPANT, determined by these REGULATIONS and(or) AGREEMENT with a direct PARTICIPANT, the PAYING CLEARING CENTER depending on the number, type and amounts of transactions for the TRANSFER of a direct PARTICIPANT (its BPA/BPS) and indirect PARTICIPANT(S) opened bank account(s) with a direct PARTICIPANT, determines the net - and(or) gross payment clearing position of a direct PARTICIPANT in the reporting period. Settlements with indirect PARTICIPANTS, opened a bank account(s) with direct PARTICIPANTS, shall be carried out on the bank accounts of direct PARTICIPANTS, opened in the SETTLEMENT CENTRE.

12.3.7. Payment clearing position of indirect PARTICIPANTS on a net basis is determined in the amount of the difference between the total amount of orders of indirect PARTICIPANT subject to execution through which indirect PARTICIPANT is the payer (the amount of received and sent TRANSFERS, including commission fee of indirect PARTICIPANT), and the total amount of orders of the indirect PARTICIPANT through which indirect PARTICIPANT is the beneficiary of funds (amount of paid out/credited to the account/returned TRANSFERS, including commission fee of indirect PARTICIPANT). A certain payment clearing position of indirect PARTICIPANT(S) on a net basis is included in the payment clearing position of the direct PARTICIPANT.

12.3.7.1. Payment clearing position of the direct PARTICIPANT for the reporting period is determined with reference included in it a certain clearing position of each of the indirect PARTICIPANT, who opened an account(s) with a direct PARTICIPANT for the reporting period equal to the period of the direct PARTICIPANT.
    If the results of the activities of the direct PARTICIPANT and indirect PARTICIPANTS, who opened a bank account with a direct PARTICIPANT, for the reporting period on total amounts of sent/paid/credited to the account (subject to fee) and returned TRANSFERS via the Payment System «LEADER» payment clearing positions in respective currencies shall be defined in favor of a direct PARTICIPANT of the SETTLEMENT CENTER in the settlement day in the reporting period debit the amounts of certain clearing positions with bank accounts of the CENTRAL PAYMENT CLEARING COUNTERPARTY and at the same time shall transfer this amount to the bank accounts of the direct PARTICIPANT.

If the results of the activities of the direct PARTICIPANT and indirect PARTICIPANTS, who opened a bank account with a direct PARTICIPANT, for the reporting period on the total amounts of sent/paid/credited to the account (subject to fee) and returned TRANSFERS via the Payment System «LEADER» payment clearing positions in respective currencies shall be defined in favor of the SYSTEM OPERATOR, the SETTLEMENT CENTRE on the day of settlement during the reporting period debit the amount of certain clearing positions with bank accounts of the direct PARTICIPANT and at the same time shall transfer this amount to the bank accounts of the CENTRAL PAYMENT CLEARING COUNTERPARTY.

After determining the payment clearing positions of the direct PARTICIPANT for the reporting period the PAYMENT CLEARING CENTER or the OPERATOR (with direct debiting with advance acceptance) directs to the SETTLEMENT CENTER for execution of EPD with the requirement of the PAYMENT CLEARING CENTER or OPERATOR for the amount of certain clearing positions on a net basis through the debiting or crediting of funds on the bank accounts of the direct PARTICIPANT or bank accounts of CENTRAL PAYMENT CLEARING COUNTERPARTY. The SYSTEM OPERATOR can send a direct PARTICIPANT, who has opened bank account(s) of the indirect PARTICIPANT, for execution of EPD with the requirement of writing off cash to the amount of certain clearing positions on a net basis, according to the bank account(s) of such indirect PARTICIPANT.

12.3.7.2. After settlements implementation by means of debiting or crediting of funds on the bank accounts of direct PARTICIPANT (indirect PARTICIPANT) or a bank accounts of CENTRAL PAYMENT CLEARING COUNTERPARTY on the basis of received EPD from the PAYMENT CLEARING CENTER or the OPERATOR with the order in the amount of the certain payment clearing positions of the direct PARTICIPANT on a net basis, and SETTLEMENT CENTER shall send ESID to the PAYMENT CLEARING CENTER and the OPERATOR with the confirmation of execution of EPD data.

12.3.7.3. After receiving ESID with the confirmation of execution of EPD with the order of PAYMENT CLEARING CENTER or OPERATOR for the amount of certain clearing positions of the direct PARTICIPANT (indirect PARTICIPANT) on a net basis, PAYMENT CLEARING CENTER sends the resulting ESID to the OPERATIONAL CENTRE for the transfer to a direct PARTICIPANT of order execution confirmation of PAYMENT CLEARING CENTER or SYSTEM OPERATOR for the amount of certain payments clearing positions of the direct PARTICIPANT (indirect PARTICIPANT) on a net basis.

12.3.8. Payment clearing position of the indirect PARTICIPANT on a gross basis is determined in the amount of the sum of the individual orders or total amount of orders of the indirect PARTICIPANT through which indirect PARTICIPANT is the payer (the amount of received and sent TRANSFERS, including commission fee of indirect PARTICIPANT), or the beneficiary of funds (amount of paid/credited to the account/returned TRANSFERS, including commission fee of the indirect PARTICIPANT). A certain payment clearing position of indirect PARTICIPANT(S) on a gross basis is included in the payment clearing position of the direct PARTICIPANT.

12.3.8.1. Payment clearing position of the direct PARTICIPANT for the reporting period is determined with reference included in it a certain clearing position of each of the indirect PARTICIPANT, opened a bank account(s) with the direct PARTICIPANT, for the reporting period equal to the period of the direct PARTICIPANT. After determining the payment clearing positions of the direct PARTICIPANT for the reporting period in the relevant currencies on the basis of the gross PAYMENT CLEARING CENTER or OPERATOR (with direct debiting to advance acceptance) sends the SETTLEMENT CENTER the orders of the direct PARTICIPANT or indirect PARTICIPANT for the performance by debiting or crediting of funds on the bank accounts of the direct PARTICIPANT or bank accounts of CENTRAL PAYMENT CLEARING COUNTERPARTY. The OPERATOR can send a direct PARTICIPANT, who opened bank account(s) of the indirect PARTICIPANT, for execution of EPD with the requirement of writing off cash to the amount of certain clearing positions, according to the bank account(s) of such indirect PARTICIPANT.

12.3.8.2. After settlements implementation by means of debiting or crediting of funds on the bank accounts of the direct PARTICIPANT, indirect PARTICIPANT or bank accounts of the CENTRAL PAYMENT CLEARING COUNTERPARTY on the basis of the PAYMENT CLEARING CENTER or SYSTEM OPERATOR (with direct debiting to advance acceptance) orders of the direct PARTICIPANT or indirect PARTICIPANT(S) for execution, the SETTLEMENT CENTER shall send ESID to the PAYMENTS CLEARING CENTER and the OPERATOR with the confirmation of implementation of these orders.
    12.3.8.3. After receiving ESID with orders execution confirmation of the direct PARTICIPANT and indirect PARTICIPANT(S), opened a bank account with the direct PARTICIPANT, the PAYING CLEARING CENTER sends the resulting ESID to the OPERATIONAL CENTER for the transfer to a direct PARTICIPANT of the confirmation of orders of the direct and indirect PARTICIPANT(S).

12.4. Particularitiesof settlements with the direct and indirect PARTICIPANTS on the transactions in the Payment System «LEADER»

12.4.1. Settlements on money TRANSFERS between direct PARTICIPANTS and the OPERATOR are carried out on the basis of certain payment clearing positions of direct PARTICIPANTS on the results of the day or at the end of the reporting period, stipulated by the AGREEMENT.

    The Reporting day/day - day of sending/pay out/crediting to the account/return of the TRANSFER by the PARTICIPANT via the Payment System «LEADER». The Reporting day is considered to be from 00-00-00 hours before 23-59-59 hours Moscow time.
The Reporting period is a day determined by the AGREEMENT (from 00-00-00 hours before 23-59-59 hours Moscow time) or several reporting days of sending/pay out/crediting to the account/return of the TRANSFER by the PARTICIPANT via the Payment System «LEADER».

12.4.2. Settlements between the OPERATOR and the PARTICIPANTS on the TRANSFERS are made in the working day, following after the reporting period. Working days in the framework of REGULATIONS and agreements are calendar days from Monday to Friday inclusive, if they are not output or non-working holidays in accordance with the Federal laws and decrees of the Government of the Russian Federation, or calendar days - Saturday and Sunday, if the Federal laws and decrees of the Government of the Russian Federation declare them as a working days.

12.4.3. Settlements on TRANSFERS made at the weekend, are held on the second day, including TRANSFERS of the first working day. Settlements on TRANSFERS made in the holidays are held on the first working day for all the past periods.

12.4.4. In case of absence/shortage of cash in the bank account(s) of a direct PARTICIPANT for settlements implementation with the OPERATOR of PAYMENT CLEARING CENTER through OPERATIONAL CENTER informs the direct PARTICIPANT of the necessity of its replenishment. The SETTLEMENT CENTRE provides immediate write-off of monetary funds when they come to the bank account of a subject to the order of execution of orders of the PAYMENT CLEARING CENTER, the OPERATOR depending on the time of their receipt.

12.4.5. SETTLEMENT CENTER shall establish the conditions for the opening of bank accounts in the SETTLEMENT CENTER, including the ability to write off without additional orders amounts of certain clearing position with advance acceptance of the direct PARTICIPANT at the presentation of the requirements of the OPERATOR to the bank accounts of the direct PARTICIPANT and the receipt of orders of the PAYMENT CLEARING CENTER and(or) OPERATOR by the SETTLEMENT CENTER.
    12.4.6. SETTLEMENT CENTER shall have the right to determine the currency of settlements with direct PARTICIPANTS, charge them with a commission fee for provision of settlement services; in the case of SETTLEMENT CENTER on a contractual basis, attracted by the OPERATOR of the SETTLEMENT CENTER shall have the right to provide loans to PARTICIPANTS, who opened bank account(s) for the implementation of the payments in the Payment System «LEADER».

12.4.7. Direct PARTICIPANTS are required to maintain in the bank account(s) in the SETTLEMENT CENTER of the cash balances in the amount of necessary and sufficient to fulfill its financial obligations in the framework of the operations of the Payment System «LEADER». In the absence or insufficiency of funds in the bank account(s) of direct PARTICIPANT the OPERATOR is entitled to block the possibility of TRANSFER receiving/sending/pay out/crediting to the account of direct PARTICIPANTS and indirect PARTICIPANTS, who opened bank account(s) with a direct PARTICIPANT, up to the moment of replenishment of the bank account(s) of direct PARTICIPANT in the amount required for the implementation of the settlements on transactions in the Payment System «LEADER».

12.4.8. Settlements based on the requirements and obligations in the framework of the operations of the Payment System «LEADER» of indirect PARTICIPANTS are made on the bank accounts of direct PARTICIPANTS, opened in the SETTLEMENT CENTER. The reporting period of indirect PARTICIPANT is equal to the period of the direct PARTICIPANT. Settlements of indirect PARTICIPANT with direct PARTICIPANT are in the days of the settlements and for the periods specified in the agreements between direct and indirect PARTICIPANTS.

12.4.9. Direct PARTICIPANT may have the right to make settlements with an indirect PARTICIPANT on TRANSFERS on the basis of self-determination of direct PARTICIPANT of payment clearing positions of indirect PARTICIPANT prior to the moment of determination of payment clearing positions of the direct and indirect PARTICIPANTS in the Payment System «LEADER» by PAYMENT CLEARING CENTER. The indirect PARTICIPANT shall have the right at any time to send to PAYMENT CLEARING CENTER and/or OPERATOR of the corresponding ESID with request of payment clearing position of the indirect PARTICIPANT for one reporting period. According to the results of request processing of the indirect PARTICIPANT the OPERATOR sends to the indirect PARTICIPANT a corresponding ESID with the information about the payment clearing position of the indirect PARTICIPANT for one reporting period.

12.4.10. Direct PARTICIPANT in order to timely settlements with indirect PARTICIPANT independently provides the maintenance on the bank account(s) of indirect PARTICIPANT, opened with a direct PARTICIPANT, of cash balances, necessary and sufficient for the implementation of timely settlements on transactions in the Payment System «LEADER», informing the indirect PARTICIPANT about the necessity of their replenishment, timely debiting and crediting of funds from/to a bank account of the indirect PARTICIPANT, the immediate notification of the OPERATOR according to the AGREED MEANS of COMMUNICATION about REGULATIONS violations of the indirect PARTICIPANTS and/or terms of agreements with direct PARTICIPANTS, including about violations of their terms and procedure for settlements on transactions in the Payment System «LEADER».

12.4.11. Direct PARTICIPANT shall establish the conditions for the opening of bank accounts for indirect PARTICIPANTS, including the ability to write off without additional orders the amounts of certain clearing position with advance acceptance of the indirect PARTICIPANT in making demands to the bank accounts of the indirect PARTICIPANT by the OPERATOR, the direct PARTICIPANT (in case of obtaining by the direct PARTICIPANT of orders of the PAYMENT CLEARING CENTER and(or) OPERATOR).

12.5. Settlementsin the Payment System «LEADER»

on the transfers of Electronic funds

12.5.1. Settlements with the PARTICIPANTS on the transfers of Electronic funds are made depending on the conditions of operations performing in order and terms, stipulated by the AGREEMENT or the relevant agreement with the OPERATOR.

    12.5.2. Settlements with the PARTICIPANTS on the transfers of Electronic funds are carried out with consideration of the particularities of the implementation of Electronic funds transfers and the use of Electronic means of payment, stipulated by clause 12.5.3-12.5.7. of these REGULATIONS.
     12.5.3. In the implementation of Electronic funds transfers a CUSTOMER provides cash funds to the Operator of the electronic funds on the basis of concluded agreement. The operator of electronic funds takes into the account the funds provided by the CUSTOMER, through the formation of record, reflecting the size of its obligations to the CUSTOMER in the amount provided by their funds (hereinafter - «the balance of Electronic funds»).

12.5.4. Transfer of Electronic funds can be made between the payers and beneficiaries of funds, which are the CUSTOMERS of a single Operator of electronic funds or several Operators of electronic funds.
    12.5.5. Transfer of Electronic funds is carried out with the identification of the CUSTOMER or without the identification in accordance with the Federal law dated 07.08.2001 № 115-FZ «On combating legalization (laundering) of the incomes received by criminal way, and terrorism financing».

12.5.5.1. In the case of implementation of CUSTOMER-individual person identification by the Operator of electronic funds – the use of Electronic means of payment by the CUSTOMER - individual person, provided that the balance of Electronic funds at any time does not exceed 100 thousand rubles or in the amount of foreign currency equivalent to 100 thousand rubles at the official exchange rate of the Bank of Russia. This Electronic means of payment is personified.

12.5.5.2. In the case of non implementation of CUSTOMER-individual person identification by the Operator of the electronic funds – the use of Electronic means of payment by the CUSTOMER - individual person, provided that the balance of Electronic funds at any time does not exceed 15 thousand rubles. Such electronic means of payment is not personified. The total amount of transferred Electronic funds with the use of one not personified Electronic means of payment may not exceed 40 thousand rubles during the calendar month.

12.5.6. In addition to the transfer of Electronic funds the balance (part of it) of Electronic funds of the CUSTOMER - individual person using personalized Electronic means of payment, specified in the subparagraph 12.5.5.1. of these REGULATIONS, may be transferred to the bank account, transferred without opening a bank account or paid out in the form of cash.

12.5.7. In addition to the transfer of Electronic funds the balance (part of it) of Electronic funds of the CUSTOMER - individual person, using Electronic means of payment, specified in the subparagraph 12.5.5.2. of these REGULATIONS, may be transferred only to the bank account. This balance (part of it) of Electronic funds of the CUSTOMER - individual person can not be paid out in the form of cash.

12.6.Formation of the model reports in the Payment System «LEADER»

12.6.1. In order to implement the settlements on transactions on TRANSFERS in the Payment System «LEADER» in SOFTWARE «LEADER» the reports are formed, allowing the PARTICIPANTS to determine the number and amount of these transactions. The OPERATOR shall have the right to change the varieties and the names of the reports generated in the Payment System «LEADER», in a timely manner reflecting changes in SOFTWARE «LEADER».

12.6.2. Report on carried out operations on TRANSFERS to the address of individual persons in the Points of TRANSFERS receipt/pay out and Payment terminals

This report is formed by the PARTICIPANT on TRANSFERS to the address of individual persons, carried out in Points of TRANSFERS receipt/pay out and Payment terminals. The report is generated daily by means of the SYSTEM RESPONSIBLE FOR the SETTLEMENTS independently. The report consists of 5 parts: «Sent TRANSFERS», «Paid out TRANSFERS», «Returned TRANSFERS», «Incomplete TRANSFERS», and also the «Operations with TRANSFERS».

Sent TRANSFERSare all TRANSFERS, paid out by the PARTICIPANT for a given period.
   Paid out TRANSFERS areTRANSFERS, paid out by the PARTICIPANT for a specified period (all TRANSLATIONS in the status of «paid»).
   Returned TRANSFERS are TRANSFERS, returned to the PARTICIPANT, for a specified period (all TRANSFERS in the status of «returned»).
   Incomplete TRANSFERS are TRANSFERS, which are not completed by the PARTICIPANT to the end, i.e. TRANSFER can be blocked for return (status «blocked for return»), but not returned, or blocked for pay out (status «payment is under the process»), but is not paid out. TRANSFERS, trapped in the report «Incomplete TRANSFERS», do not participate in the settlements.

Operations with TRANSFERS – adjustment operations and TRANSFER return are included in this report, which provided for the charging of commission fees from the CUSTOMER.
   12.6.2.1. At the end of the working day of the PARTICIPANT the RESPONSIBLE FOR SETTLEMENTS shall be obliged to check the status of TRANSFERS. The report «Incomplete TRANSFERS» must be zero. If the report «Incomplete TRANSFERS» has incomplete TRANSFERS, the Operator of the PARTICIPANT who made TRANSFER pay out or return, must complete the started operation.

12.6.3. Report «Settlements on operations with TRANSFERS» to the address of individual persons in the Points of TRANSFERS receipt/pay out and Payment terminals

This report is formed to determine the payment clearing position of the PARTICIPANT on a net basis in the settlement day, by the RESPONSIBLE for settlements through Payment System «LEADER» on their own. To create a report you must specify a start and end date of the reporting period. The report is based on each type of currency. Amount is calculated by the following formula:

Amount = Sent Amount – Paid out Amount – Returned Amount, thus:

Sent Amount– data is taken from the sent TRANSFERS. All the TRANSFERS sent for the reporting period in the Points of TRANSFERS receipt/pay out and Payment terminals are summed up.

Sent Amount= TRANSFER amount + commission remuneration, paid by the CUSTOMER or a commission remuneration of the OPERATOR, provided for TARIFFS - commission remuneration of a PARTICIPANT;

Paid out Amount- data is taken from TRANSFERS paid out to individuals. All the TRANSFERS paid out for the reporting period are summed up;

Paid out Amount= TRANSFER amount + commission remuneration amount of a PARTICIPANT;

Returned Amount- data is taken from TRANSFERS returned to individuals. All the TRANSFERS that were returned during the reporting period are summed up;

Returned Amount = TRANSFER amount.

12.6.3.1. If the TRANSFER is returned a commission remuneration of the PARTICIPANT is not credited. The settlements include only the amount of returned TRANSFER.

12.6.4. Report on TRANSFERS, accepted in the address of legal persons in the Points of TRANSFERS receipt/pay out

This report is generated daily by means of Payment System «LEADER» by the RESPONSIBLE person for the SETTLEMENTS. The report consists of 3 parts: «Sent TRANSFERS», «Executed TRANSFERS», «Returned TRANSFERS».

Sent TRANSFERS– all TRANSFERS, sent by the PARTICIPANT for a given period.

Executed TRANSFERS– all TRANSFERS, executed by the OPERATOR for a given period.

Returned TRANSFERS– all TRANSFERS, returned by the PARTICIPANT for a given period.

12.6.4.1.Settlements on TRANSFERS to the address of legal persons are made daily on the basis of this report. The amount of the payment is calculated as follows:

Amount = Amount Executed – Amount of commission remuneration of the PARTICIPANT 

Amount of commission remuneration of the PARTICIPANT – amount of the commission remuneration of the PARTICIPANT from the OPERATOR on the executed TRANSFERS, calculated according to the TARIFFS in force.Amount Executed– sum of all executed TRANSFERS for the reporting day + commission remuneration of the OPERATOR or the sum of all executed TRANSFERS for the reporting day + commission remuneration paid by the CUSTOMER.

All commission remuneration of the PARTICIPANT on the executed TRANSFERS for the day is summarized.

12.6.5. Report on TRANSFERS, accepted to the address of individual persons in Payment terminals of the PARTICIPANT

This report is formed using the service of «Personal Cabinet» daily by the RESPONSIBLE person for the SETTLEMENTS for the previous day and verified with the report on TRANSFER to the address of individual persons, accepted in Payment terminals of the PARTICIPANT with the use of CLIENT CARD of the PAYMENT SYSTEM «LEADER». These reports must be the same.

   12.6.5.1. Settlements on TRANSFERS accepted in Payment terminals of the PARTICIPANT shall be conducted on the basis of data of the report «Settlements on operations with TRANSFERS to the address of individual persons in the Points of TRANSFERS receipt/pay out and Payment terminals», formed in the Payment System «LEADER».

12.6.6. Report on TRANSFERS, accepted in the address of legal persons in Payment terminals of the PARTICIPANT

This report is formed using the service of «Personal Cabinet» daily on the day of settlements conducted by the  RESPONSIBLE person for the SETTLEMENTS. This report in the «Personal Cabinet» consists of several parts depending on the order of settlements.

   On the basis of this report shall be calculated and paid the remuneration of the PARTICIPANT, in the order, stipulated by the AGREEMENT and the TARIFFS of the Payment System «LEADER».
   12.6.6.1. Settlements on TRANSFERS accepted to the address of legal persons and individual entrepreneurs in Payment terminals of the PARTICIPANT are made every day in the order, stipulated by these REGULATIONS on a gross basis. TRANSFERS with the status «was held successfully» are involved in the settlements.

12.7.Adjustment of carried out operations on TRANSFER to the address of individual persons in the Points of TRANSFERS receipt/pay out and Payment terminals

12.7.1. When performing operations on TRANSFERS sending could be a situation in which there is a need to exclude from subsequent settlements the erroneously sent TRANSFERS by the PARTICIPANT. These adjustments occur, while respecting the following conditions:

  • TRANSFER status should be «returned».
  • RANSFER should be sent and returned in one working day.
  • if the return is the fault of the Operator of the PARTICIPANT, the reason for the return must be specified «error of the OPERATOR»; if the return occurs at the request of the CLIENT and the TRANSFER must be cancelled in the Payment System «LEADER», the Operator of the PARTICIPANT is obliged to send the information message via EDMS about cancellation of TRANSFER (with indication of UTN and the reason for return) in the Department of settlements.

     12.7.2. TRANSFER may not be revoked in the Payment System «LEADER»:

  • if the TRANSFER status is not «returned».
  • if the TRANSFER was returned the next day.

 

12.8.Actions upon detection of discrepancies between the reports on the carried out operations on TRANSFERS to the address of individual persons in the Points of TRANSFERS receipt/pay out and Payment terminals and data of the PARTICIPANT

12.8.1. In case, if the RESPONSIBLE person for the SETTLEMENTS found discrepancies between the reports on the carried out operations on TRANSFERS to the address of individual persons in the Points of TRANSFERS receipt/pay out and Payment terminals and data in the automated banking system of the PARTICIPANT, the RESPONSIBLE person for the SETTLEMENTS shall be obliged to comply with the following procedure reconciliation:

  • identify UTN (control numbers of TRANSFERS) and the amounts of TRANSFERS, which are the cause of discrepancies;
  • identify the Point of TRANSFERS receipt/pay out or Payment terminal, for which there are discrepancies;
  • check in the Payment System «LEADER» of the condition of these TRANSFERS. This check is performed by the Operator of the Point of TRANSFERS receipt/pay out or the RESPONSIBLE person for the SETTLEMENTS of the PARTICIPANT;
  • RESPONSIBLE person for the SETTLEMENTS should contact SYSTEM ADMINISTRATOR or contact the Settlements Department.

12.8.2. Examples of wrong actions of the Operator of the PARTICIPANT:

  • TRANSFER was accepted from the CLIENT, but was not included in the Payment System «LEADER»;
  • TRANSFER was accepted from the CLIENT, and was included in the Payment System «LEADER» twice;
  • TRANSFER was paid out to the CLIENT, however, in the Payment System «LEADER» TRANSFER has not been granted the status of payment;
  • TRANSFER was not accepted from the CLIENT, but was included in the Payment System «LEADER».

 

12.9.Making payments in the settlements of the OPERATOR with the PARTICIPANT

12.9.1. When making settlements with the PARTICIPANT on TRANSFERS the SETTLEMENT CENTER uses the following standard payment purpose:

         Payment in EURO:

PAYMENT UNDER AGREEMENT N _ DD _ WITH LEADER in for ACC;

Payment in US dollars:

PAYMENT UNDER AGREEMENT N _ DD _ WITH LEADER in for ACC;

Payment in Russian rubles:

Settlements under the Agreement on participation in the Payment System «LEADER»
№___ from ____. VAT is not taxed.

12.9.2. Settlements in the Payment System «LEADER» are made in the accounts of the PARTICIPANTS, opened with the SETTLEMENT CENTER, unless some other method of settlement is established by the AGREEMENT or the separate written agreement with the OPERATOR.

 

13.  ORDER OF PAYMENT FOR SERVICES OF THE PAYMENT INFRASTRUCTURE, SERVICES OF THE PARTICIPANTS AND THE CERTIFYING CENTER

13.1. The payment order of the payment infrastructure services is uniform in the framework of the Payment System «LEADER».

13.2. In the case where the functions of the SETTLEMENT CENTER, PAYMENT CLEARING CENTER, OPERATIONAL CENTER, CERTIFYING CENTER or part of these functions is performed by the OPERATOR, in the amount of remuneration, paid to the PARTICIPANT of the OPERATOR the payment for services of the payment infrastructure is included.
   13.3. In the case where the functions of the SETTLEMENTS CENTER, PAYMENT CLEARING CENTER, OPERATIONAL CENTER, CERTIFYING CENTER or part of these functions is performed by the organizations, attracted by the OPERATOR on a contract basis, in the amount of remuneration, paid to the PARTICIPANT of the OPERATOR the payment for services of the payment infrastructure is included. The OPERATOR makes settlements with the SETTLEMENT CENTER, PAYMENT CLEARING CENTER, OPERATIONAL CENTER, and CERTIFYING CENTER for payment infrastructure services in accordance with the existing agreements.

13.4. The amount of commission remuneration of the PARTICIPANTS is determined by the OPERATOR, including in accordance with the terms of the AGREEMENTS concluded with the PARTICIPANTS.
    13.5. The OPERATOR has the right unilaterally to change the size of the commission remuneration that may be charged from the CLIENT by the PARTICIPANT-SENDER (its BPA/BPS), the size of the commission remuneration attributable to the PARTICIPANT from the OPERATOR for TRANSFER implementation by the PARTICIPANT and the size of payment of services of the payment infrastructure. The OPERATOR shall be obliged to send to the PARTICIPANT the information about the changes made.

13.6. Remuneration of the PARTICIPANT can be expressed:

- as a percentage of the TRANSFER amount;

- as a fixed amount of cash;

- as a percentage of the TRANSFER amount and the fixed amount;

13.7. The amount of commission remuneration of the PARTICIPANT depends on:

- TRANSFER type (without opening of the account, from the account, Electronic money, etc.);

 - amount of a specific TRANSFER type;
    - place of TRANSFER implementation (certain BPA/BPS, as well as with the use of ATMs, Payment terminals, REMOTE METHODS of CUSTOMER SERVICE, etc.);

- currency of the TRANSFER, which is paid/credited to the account of the beneficiary;
    - presence/absence of intermediaries in TRANSFER implementation;
    - TRANSFER direction on a territorial basis;
    - kind of participation in the Payment System «LEADER»: direct or indirect;
    - order of settlements with the CUSTOMER-beneficiary (legal entity or individual entrepreneur).

13.8. When collecting commission remuneration from the sender of TRANSFER, including the transfer of Electronic cash by the PARTICIPANT-SENDER (its BPA/BPS), its distribution is as follows:

- remuneration of the PARTICIPANT-SENDER (its BPA/BPS) remains at its disposal, unless otherwise provided by the AGREEMENT;

 - the OPERATOR charges a remuneration from the PARTICIPANT-SENDER for settlements implementation via the Payment System «LEADER», connected with TRANSFER implementation, as well as for services of payment infrastructure, in case if all of the services or their part is provided by the Operators of payment infrastructure services attracted by the Operator;
    - OPERATOR pays a remuneration to the PARTICIPANT-BENEFICIARY, which paid out/credited TRANSFER to the account of the CUSTOMER-beneficiary or increased balance of beneficiary’s Electronic cash on the amount of Electronic cash transfer.

13.9. In the cases stipulated by the TARIFFS, the PARTICIPANT-SENDER does not have the right to charge a commission fee from TRANSFER sender, at that the OPERATOR pays the remuneration to the PARTICIPANT-BENEFICIARY which paid out/credited TRANSFER to the account of the CUSTOMER-beneficiary or increased balance of beneficiary’s Electronic cash on the amount of Electronic cash transfer.

 

14.  ORDER OF INFORMATION PROVIDING ON ACTIVITIES TO THE OPERATOR BY THE PARTICIPANTS OF THE PAYMENT SYSTEM «LEADER», THE OPERATORS OF THE PAYMENT INFRASTRUCTURE SERVICES

14.1. In order to ensure the continuity of functioning of the Payment System «LEADER» these REGULATIONS set the order of information providing for the OPERATOR by the PARTICIPANTS and Operators of payment infrastructure services.

14.1.1. When signing the AGREEMENT the PARTICIPANT shall provide the OPERATOR with a complete set of documents stipulated by the REGULATIONS. The operators of payment infrastructure services send to the OPERATOR the set of documents provided by the concluded agreements with the OPERATOR. In case of any changes in these documents, such changes shall be sent within the deadline stipulated by the AGREEMENTS and appropriate agreements with the OPERATOR.

14.1.2. In the case of the occurrence of the events or facts testifying about the occurrence of events that may significantly affect the activities of the PARTICIPANT, the Operator of the payment infrastructure services, information about such events or facts shall be sent to the OPERATOR by the AGREED MEANS of COMMUNICATION in a period of not more than 3 (three) working days from the date of their occurrence.

14.1.3. The PARTICIPANTS, Operators of payment infrastructure services shall send to the OPERATOR the information on the possible risks in their activities and on the measures undertaken to address such risks, as well as information on the implementation of measures to ensure the continuity of functioning of the Payment System «LEADER». This information is forwarded to the OPERATOR on the AGREED MEANS of COMMUNICATION in a period of not more than 3 (three) working days from the date of receipt of the request from the OPERATOR.
    14.1.4. For the purposes of the analysis of security protection of the information in carrying out TRANSFERS in the Payment System «LEADER», as well as the continuity of the functioning the OPERATOR at any time has the right to send the request via the AGREED MEANS of COMMUNICATION to the PARTICIPANT, the Operator of payment infrastructure services. Not later than 3 (three) working days from the day of receipt of the request the PARTICIPANT, the Operator of payment infrastructure services send requested information to the OPERATOR via the AGREED MEANS of COMMUNICATION.

14.1.5. Requests of the OPERATOR may include implementation by the PARTICIPANT, the Operator of payment infrastructure services activities, with the purpose of definition of security threat and vulnerability information systems, software, computer and data processing equipment, telecommunications equipment, implementation of measures for protection of the information in TRANSFERS carrying out, information on fulfillment of the PARTICIPANT, the Operator of payment infrastructure services the obligations of AGREEMENTS, REGULATIONS and concluded agreements and other information stated, in particular, in Chapter 20 of the present REGULATIONS.

14.1.6. The PARTICIPANT, Operators of payment infrastructure services undertake to provide on request to the OPERATOR not later than 3 (three) working days from the moment of receipt of the request for EPD, ESID and other electronic documents according to the AGREED MEANS of COMMUNICATION and, if necessary, give or send to the address of OPERATOR properly drawn copies of electronic documents in hard copy.

14.1.7. The PARTICIPANT, Operators of payment infrastructure services undertake to provide the OPERATOR's financial statements at each balance sheet date to an e-mail address: balance@leadermt.ru.

 

15.  RISK MANAGEMENT SYSTEM IN THE PAYMENT SYSTEM «LEADER»

15.1. Under the risk management system in the Payment System «LEADER» is understood as a complex of measures and ways to reduce the likelihood of adverse consequences for the purposes of the continuity of functioning of the Payment System «LEADER». The risk management system includes organizational model of risk management, the list of events held in the framework of the Payment System «LEADER», and the methods of risk management.

15.2. Risk management model

15.2.1. In the Payment System «LEADER» is used risk management model, in which the functions on risk assessment and management are shared between the OPERATOR, Operators of payment infrastructure services and PARTICIPANTS. Risk assessment and risk management by the OPERATOR, Operators of payment infrastructure services, PARTICIPANTS is carried out on the basis of the approved their internal documents containing performed their activities and methods of risk management.

The OPERATOR carries out the centralized coordination of activities of the infrastructure subjects of the Payment System «LEADER» to ensure the continuity of functioning of the Payment System «LEADER», controls the execution of the present REGULATIONS.

These REGULATIONS and internal documents of the OPERATOR reinforce the system of risk management in the SYSTEM, in which are carried out, in particular, the following risk management measures: definition of the organizational structure of the risk management system, which ensures control over the implementation of the requirements to risk management, established by these REGULATIONS, the definition of the functional responsibilities of individuals and departments responsible for risk management, establishment of the procedure for informing the OPERATOR of risks, definition of indicators and the procedure for the continuity of functioning of the Payment System «LEADER» in accordance with the requirements of the normative acts of the Bank of Russia, the determination of the exchange between all the subjects of the infrastructure of the Payment System «LEADER» of information necessary for risk management, to ensure its protection, the order of interaction in the controversial, non-routine and emergency situations.

15.3. Organizational structure of the risk management system

15.3.1. In the risk management bodies of the OPERATOR shall be included:

  • The Board of Directors;
  • Management Board;
  • Department of financial analysis and risk management;
  • Limit Committee;
  • officials responsible for risk management in the framework of the system of internal control.

15.3.2. In the functional responsibilities and competence of the risk management bodies of the OPERATOR the following is included, in particular:

  •           development and approval of internal documents regulating risk management system;
  •           establishment of criteria for the assessment of the risk management system, including the system risk, its evaluation and formation of proposals and recommendations on the results of the evaluation;
  •           establishing limits of obligations of the PARTICIPANTS with regard to the level of risks;
  •           establishment of an acceptable risks level of the continuity violation of functioning of the Payment System «LEADER»;
  •           adoption of measures to ensure the continuity of functioning of the Payment System «LEADER» and minimize the level of risk;
  •           implementation of control of the level of risks;
  •           assess the effectiveness of the risk management system of the Payment System «LEADER» and its improvement.

15.3.3. In the functional responsibilities of the PARTICIPANTS, Operators of payment infrastructure services in the framework of the risk management the following is included, in particular:

  • estimation, analysis and management of risks related to their activities in the framework of the Payment System «LEADER»;
  • regulation by the PARTICIPANTS of the size of liabilities when making TRANSFERS;
  • strict observance of the requirements of these REGULATIONS;
  • proper execution of the undertaken commitments before all the subjects of the infrastructure of the Payment System «LEADER»;
  • informing the OPERATOR about the risks and events resulting in operational failures, of their causes and the consequences, in the manner prescribed in these REGULATIONS;
  • guarantee of uninterrupted functioning of the Payment System «LEADER» in accordance with the requirements of these REGULATIONS;
  • exchange between all the subjects of the infrastructure of the Payment System «LEADER» of information necessary for risk management;
  • protection of information in accordance with the requirements of the present REGULATIONS.

15.3.4. In the functional responsibilities of CENTRAL PAYMENT CLEARING COUNTERPARTY the following is included:

  • implementation of the daily control of the risks of non-fulfillment (improper fulfillment) of the PARTICIPANTS of their respective obligations under the money transfer;
  • adoption of restrictive measures, including the establishment of the maximum size of the payment to the clearing position, full suspension of TRANSFER implementation by the PARTICIPANTS, as well as the submission of claims for the increased amount of security for the obligations of the PARTICIPANTS on transfer of funds, in case of high risk, identified on the basis of analysis of the financial condition of the PARTICIPANTS;

15.4. Methods of risk management in the Payment System «LEADER»

15.4.1. With consideration of the peculiarities of the organization of the Payment System «LEADER», a mechanism of interaction with the PARTICIPANTS, risk management methods, procedures of payment clearing and settlements, the number of TRANSFERS and their amounts, time of the final payment of the obligations in the Payment System «LEADER» is used the following methods of risk management:

  • analysis of the documents of the PARTICIPANTS, Operators of payment infrastructure services, their business reputation by the OPERATOR;
  • establishing limits of obligations of the PARTICIPANTS with regard to the level of risks;
  • control the order of execution of orders of the PARTICIPANTS;

         -payments in the Payment System «LEADER» in the course of the reporting period;

         -settlements in the Payment System «LEADER» in the limits provided by the direct PARTICIPANTS in cash;

  • in case of attracting by the OPERATOR on a contractual basis of the SETTLEMENT CENTER - the granting of the loan to the PARTICIPANTS with a view to the implementation of the greater volume of transactions in the Payment System «LEADER»;
  • other methods of risk management, provided by the present REGULATIONS.

 

15.5. Activities of the risk management system

15.5.1. The activities of the risk management system include the following:

  • definition of the organizational structure of risk management, control over the implementation by the PARTICIPANTS of the Payment System «LEADER» of requirements for risk management determined by the REGULATIONS;
  • definition of the functional responsibilities of the persons responsible for risk management, and the respective structural divisions of the OPERATOR;
  • to bring to the management bodies of the OPERATOR of the relevant information about risks;
  • determination of indicators of sustainable functioning of the Payment System «LEADER»;
  • definition of the procedures for providing the continuity of functioning of the Payment System «LEADER»;
  • definition of methods of the risks analysis in the Payment System «LEADER», including risk profiles;
  • determination of the procedure of exchange of information necessary for risk management;
  • determining the procedure for interacting in a controversial, non-standard and emergency situations, including cases of system failures;
  • determination of the procedure for the change of operational and technological tools and procedures;

            - determination of the procedure for the assessment of the quality of functioning of the operational and technological means, information systems by the independent organization;

            - determination of the ensure the protection of the information in the Payment System «LEADER».

15.6. Methods of risk analysis, including risk profiles

 

15.6.1. In the framework of the risk management system are the following risk profiles, the most characteristic of the activities of the Payment System «LEADER»:

  • Credit risk is the risk of losses of the OPERATOR due to non-performance, late or improper performance of the PARTICIPANT, the Operator of payment infrastructure services of financial obligations to the OPERATOR in accordance with the requirements of these REGULATIONS in a certain moment of time and the probability of this risk in the future. The assessment of credit risk is determined on the basis of comprehensive and objective analysis of the activities of the PARTICIPANT, the Operator of payment infrastructure services, taking into account its financial condition, the quality of obligations performance, as well as of the total volume available to the OPERATOR the information about any risks that may affect the solvency of the PARTICIPANT.
  • In order to minimize the credit risk, security and compliance with normative acts of the Bank of Russia the OPERATOR sets a size limits of obligations of the PARTICIPANT, which reflect the ability of the PARTICIPANT to execute in time and in full its obligations to the OPERATOR;
  • Currency risk is the risk of losses of the OPERATOR due to adverse changes in foreign currency exchange rates on open positions of the OPERATOR in foreign currencies. Management of the OPERATOR of foreign exchange risk is managed through regulation of AFP. The basic methods of management of the currency risk of the OPERATOR: forecasting the exchange rate changes, compliance with limits of AFP;
  • Liquidity risk is the risk of losses due to inability of the OPERATOR, Operators of payment infrastructure services or PARTICIPANTS to ensure the fulfillment of their obligations in full and on time. Process of control and management of liquidity in respect of the OPERATOR is based on the principles of forming the optimal structure of assets in strict accordance with the resource base, the accounting of the urgency of the resources and their volumes, daily control of the state of current liquidity. The management of loss risk of liquidity of the PARTICIPANTS, Operators of payment infrastructure services are made by the PARTICIPANTS, Operators of payment infrastructure services independently.

Operational risk is the risk of losses of the OPERATOR, Operators of payment infrastructure services or the PARTICIPANTS, as a result of mismatches the nature and scale of the activities of the OPERATOR, Operators of payment infrastructure services or the PARTICIPANTS and/or the requirements of the effective legislation, internal regulations and procedures for the conduct of operations, their violations by the employees of the OPERATOR, Operators of payment infrastructure services, the PARTICIPANTS and/or other persons due to unintentional or intentional acts or omissions, the disparity (insufficiency) of the functional capabilities (characteristics), used by the OPERATOR, Operators of payment infrastructure services, the PARTICIPANTS, informational, technological systems and other factors and/or failures (violations of the functioning of the information, technological systems) and also as a result of impact of external events.

For operational risk management the OPERATOR performs the following activities: identification, assessment, monitoring, measures for achieving and/or maintaining an acceptable level of operational risk control.

Identification of operational risk involves the analysis of all the conditions of functioning of the Payment System «LEADER» on the existence or the possibility of operational risk. Operational risk assessment involves the assessment of the probability of occurrence of events or circumstances leading to operating losses, and assessments of the size of potential losses (quantitative assessment of operational risk value expressed in terms of money and enables to take decisions in respect of the possible operational losses from this risk).

Operational risk assessment with the purpose of revealing of regularities of functioning is the method based on the application of statistical analysis of the distribution of actual loss, allowing forecasting the potential operational losses on the basis of operating losses that have occurred in the past.

The identification and assessment of operational risk is carried out with the indication of the compared categories of subjects of the infrastructure of the Payment System «LEADER», the character and degree of influence exerted on the uninterrupted operation of the payment system (affecting and not affecting, including lead to a breach of the uninterrupted operation of the payment system), possible forms or scripts of their manifestations. 

In order to control the level of operational risk, the OPERATOR carries out the monitoring of operational risk through analysis of data on the activities of the Payment System «LEADER» in respect of contingent factors of operational risk events (actions), resulting in a loss of the OPERATOR (amount, frequency of events (actions) and the amount of damages).

The identification and assessment of operational risk in respect of the PARTICIPANTS, Operators of payment infrastructure services is determined by the PARTICIPANTS, Operators of payment infrastructure services independently;

 Legal risk is the risk of the subjects of the infrastructure of the Payment System «LEADER» of losses due to the influence of the following factors:

- non-compliance by the subjects of the Payment System «LEADER» of the legislation, including the identification of CLIENTS, the establishment and identification of beneficiaries (persons, in the interests of which the CLIENTS act), agreement terms and the requirements of these REGULATIONS;

- inefficient organization of legal work, leading to legal errors in the activities of the Payment System «LEADER» from the actions of employees or management bodies of the subjects of the infrastructure of the Payment System «LEADER»;

- insufficient elaboration of legal issues during preparation and implementation of new technologies and the conditions of carrying out banking operations;

- other factors.

Control of the legal risk in respect of the OPERATOR is carried out through the identification of risk, risk assessment, risk monitoring, control and/or to minimize the risk.
   The identification and assessment of the legal risk in respect of the PARTICIPANTS, Operators of payment infrastructure services is determined by the PARTICIPANTS, Operators of payment infrastructure services independently;

Risk of loss of business reputation (reputation risk) is the risk of the subjects of the Payment System «LEADER» of losses due to the formation of the negative public perception of the OPERATOR's financial stability, the quality of the services rendered by subjects of the infrastructure of the Payment System «LEADER» and the nature of the activities of the Payment System «LEADER» as a whole.

The management of risk of loss of business reputation of the OPERATOR shall be carried out through the identification, assessment, monitoring, control and/or to minimize the risk.

15.6.2. On the basis of analysis of the above-mentioned risks is formed assessment of the achieved level of the risks of uninterrupted operation of the payment system, is carried out the estimation of changes of the achieved level of the risks of uninterrupted operation of the payment system, both in general and in the section on risk-profile; is determined by the acceptable level of risk of violations of uninterrupted operation of the payment system and measures shall be taken to achieve an acceptable level of risks violations of uninterrupted operation of the payment system.

15.6.3. The procedure of ensuring the continuity of functioning of the Payment System «LEADER», methods of the analysis of risks in the Payment System «LEADER», including the risk profiles of the nature and extent of risks impact on uninterrupted operation of the payment system, regularities of the functioning of the Payment System «LEADER», estimation of probability of violations of the functioning of the Payment System «LEADER» in the future, the assessment of the achieved level of the risks of uninterrupted operation of the payment system, its changes, indicators of uninterrupted functioning of the Payment System «LEADER», the definition of an acceptable level of risks of uninterrupted operation of the payment system, are detailed (supplemented) in internal documents of the Payment System «LEADER» in accordance with the requirements of the Bank of Russia.

15.7. Bringing information about risks to the control bodies of the risk of OPERATOR

 

15.7.1 Information about the risks at the end of each quarter shall be brought to the attention of the management Board of the OPERATOR by the employees and the relevant units of the OPERATOR, pursuant to their duties in the form of reports on each of the types of risk.
15.7.2 Information about general level of risk of the Payment System «LEADER» is brought to the attention of the Board of Directors not less than once a year.

 

16.  PROCEDURE OF ENSURING THE CONTINUITY OF THE PAYMENT SYSTEM «LEADER» FUNCTIONING

16.1. For the purposes of this Chapter the following definitions are used:

  • Functioning of the Payment System «LEADER»is the interaction of the OPERATOR, PARTICIPANTS, Operators of payment infrastructure services, attracted by the OPERATOR on a contractual basis, in order to implement TRANSFERS.
  • Proper functioning of the Payment System «LEADER»is functioning of the Payment System «LEADER» in accordance with the requirements of the legislation of the Russian Federation, REGULATIONS, AGREEMENTS, contracts with the subjects of the infrastructure of the Payment System «LEADER» that determine the procedure and conditions of its functioning.
  • Uninterrupted operation of Payment System «LEADER» (UOPS)is the complex feature of the Payment System «LEADER», denoting its ability to prevent violations of the proper functioning (including those that do not allow suspension (termination) of implementation or improper TRANSFER implementation), but also to restore the proper functioning in the case of its violation.
  • Risk of violations of UOPS is the possibility of suspension (termination) of TRANSFER implementation or improper implementation or violations of the legal interests of the PARTICIPANTS, CLIENTS due to adverse coincidence of circumstances (the occurrence of the events), connected with the internal and external factors of the functioning of the Payment System «LEADER» (factors of risk violations of UOPS).
  • Ensuring UOPSis a coordinated activities of the subjects of the infrastructure of the Payment System «LEADER», which is aimed at achieving, confirmation and maintain an acceptable level of risk of UOPS, which is understood as the probability of occurrence within a given period of time, the adverse consequences for UOPS given the size of the caused damage. Ensuring UOPS is carried out by risk management of Payment System «LEADER».

16.2. Ensuring the continuity of functioning of the Payment System «LEADER» (UOPS)

16.2.1. Ensuring UOPS by the OPERATOR shall be carried out by:

  • coordination of activities of the subjects of the infrastructure of the Payment System «LEADER» to ensure UOPS, the holding of which is determined by the present REGULATIONS;
  • establishing the acceptable (limit) risk level of violations of UOPS by the Limits Committee not less than once in a quarter;
  • identifying risk factors violations of UOPS, determining the extent and nature of influence of these factors on UOPS evaluating compliance of the risk level of UOPS limits;
  • monitoring changes of the character and degree of the influence of risk factors;
  • investigation of the events that caused the operating failures, the analysis of their causes and consequences;
  • assess the risks inherent in the activities of the OPERATOR to ensure continuity of operations of the Payment System «LEADER»;
  • adoption of measures to eliminate or minimize the risks of UOPS. The PARTICIPANTS shall apply the penalties provided for in the AGREEMENT, the use of provisional measures, the suspension of activities in the Payment System «LEADER» (temporary or permanent), in case of inconsistency of the established level of security;
  • assessment and monitoring of financial stability of the PARTICIPANTS, the factors that bear the risk of loss of financial stability of PARTICIPANTS, including potential, which can lead to the loss of financial stability of PARTICIPANTS in the future;
  • implementation of compliance monitoring with the requirements of the REGULATIONS, the contractual obligations by the PARTICIPANTS;
  • conduct of regular audits of the PARTICIPANTS for the compliance with the conditions of TRANSFERS implementation; control over the observance of conditions can be carried out either by field audits, and the direction of infrastructure requests of the Payment System «LEADER» on the granting of the required information;
  • control implementation of the use of the name and trademarks of the Payment System «LEADER» exclusively in the framework of the concluded AGREEMENTS, contracts and these REGULATIONS;

         - ensuring the preservation of the functional opportunities for operational and technical means, information systems failure, testing, to identify shortcomings, acceptance of measures on elimination of the revealed shortcomings;

  • bringing the information about emerging risks violations of UOPS to the control bodies of the OPERATOR.

16.2.1.1. When performing a transfer of Electronic cash the OPERATOR ensures uninterrupted by:

  • collection, accumulation of information about transfers of Electronic money;
  • implementation of measures aimed at preventing violations of the functioning of the operational and technological equipment, devices, information systems, which provide accounting information, electronic documents, and in case of occurrence of these violations; - implementation of measures on their elimination;
  • analysis of the reasons for violations of the functioning of the operational and technological equipment, devices, information systems, development and implementation of measures to eliminate them;
  • ensuring the preservation of the functional capabilities of operational and technological equipment, devices, information systems at fault in their work, the implementation of their testing in order to identify shortcomings functioning, and in case of detection of these disadvantages, - the adoption of measures to eliminate them.

 

16.2.2. Ensuring UOPS by the Operators of payment infrastructure services is carried out through:

  • performing of functions for management of violation risk of UOPS, entrusted on it with the established procedure of UOPS security, in accordance with the organizational model of management of risks in the Payment System «LEADER»;
  • collection and processing of available information for the Operators of payment infrastructure services and time of orders receipt of the PARTICIPANTS on TRANSFERS in the Payment System «LEADER», the course of execution of such orders, characteristics of the TRANSFERS made, CLIENTS, which are the payers and beneficiaries of cash, quantity, amount and timing of Finality of TRANSFERS, the amount of the clearing position and cash balances on bank accounts of direct PARTICIPANTS;
  • informing the OPERATOR about the events resulting in operational failures, of their causes and consequences, as well as in case of the initiation or implementation of the threat of nonperformance or improper performance by the PARTICIPANTS, their BPA/BPS of their obligations;
  • organization and implementation of activities to ensure the continuity of the provision of services to the PARTICIPANTS, their BPA/BPS, CUSTOMERS in accordance with the assumed obligations and the requirements of the procedures for providing UOPS;

           - ensuring continuity of operations and/or restoration of activity on rendering of services of the payment infrastructure, damaged as a result of unforeseen circumstances, in time and in accordance with the requirements established by the procedure of UOPS providing;
           - regular evaluation of the quality and reliability of functioning of the existing information systems, automatic systems, software, computer and data processing equipment, telecommunications equipment, the operation of which is ensured by the OPERATOR, the PARTICIPANTS (their BPA/BPS), their improvement.

16.2.3. Ensuring UOPS by the PARTICIPANTS is carried out through:

  • providing OPERATOR with the electronic form of the financial statements (balance sheet, the calculation of prudential regulations, the calculation of the own funds and profit and loss statement) as of each balance sheet date. In case if the PARTICIPANT is a non-resident of the Russian Federation and in accordance with the order of presentation adopted in the country, not prepares a monthly or quarterly reporting, then given the last prepared by the annual statements;

   - assess the risks inherent in its activities, to ensure the continuity of activities;

          - adoption of measures to ensure compliance of the Payment System «LEADER» and the proper performance of the obligations assumed by them;

  • informing the OPERATOR about the cases of refusal or improper rendering of the services provided in the framework of the Payment System «LEADER», and events resulting in operational disruptions, as well as the events that caused controversial, non-standard and extraordinary situations, including cases of system failures, of their causes and consequences;

         - monitoring implementation of compliance with the requirements of the legislation, the present REGULATIONS, AGREEMENTS and conditions of TRANSFERS implementation in attracting of BPA/BPS by the PARTICIPANTS;

  • control implementation of the use of the name and trademarks of the Payment System «LEADER» exclusively in the framework of the concluded AGREEMENTS and the present REGULATIONS;

16.3. Indicators of the continuity of the Payment System «LEADER»

Indicators of UOPS are determined in order to analyze the violation risk of UOPS, a description of the risk profile of violations of UOPS for making a decision about the necessity of changing (correction) measures to ensure UOPS, the selection of specific measures needed to achieve and maintain an acceptable risk level of UOPS and identification of the subject of the infrastructure of the Payment System «LEADER» responsible for their implementation.

16.3.1. UOPS indicators are:

  • level of continuity of operational services provision;
  • level of continuity of payments clearing service delivery;
  • level of continuity of provision of settlement services;
  • financial condition of the PARTICIPANTS;
  • provided for in the Payment System «LEADER» methods of liquidity management and security for the obligations by the PARTICIPANTS (in conjunction with the requirements of the financial condition of the PARTICIPANTS);
  • financial condition of Operators of payment infrastructure services;
  • reliability of the technical infrastructure;
  • technological support of the Operators of payment infrastructure services, the PARTICIPANTS;
  • ability to identify unresolved issues of a legal nature, relating to the relationship of the subjects of the infrastructure of the Payment System «LEADER»;
  • possibility of interests conflict of the subject of the infrastructure of the Payment System «LEADER» in the exercise of their activities, aimed at the achievement of their own goals and objectives established in the framework of the Payment System «LEADER» (including for ensuring UOPS);
  • dependence on external suppliers of services;
  • market and infrastructural factors;
  • other external and internal factors, in accordance with the peculiarities of the functioning of the Payment System «LEADER».

16.3.2. Requirements to the level of continuity of operational services provision:

  • time for the reception and processing of EPD and/or ESID via EDMS, received from the PARTICIPANT - not more than 1 (one) minute.

16.3.3. Requirements to the level of continuity of payments clearing service delivery:

  • payment clearing in the Payment System «LEADER» appear daily on the working days not later than 12 : 00 noon Moscow time on working days following the reporting period, provided for by the AGREEMENT and the present REGULATIONS.

16.3.4. Requirements to the level of continuity of settlement services provision:

  • sufficiency of funds on bank accounts of the PARTICIPANT to carry out the transactions in the Payment System «LEADER»;
  • settlements time in the Payment System «LEADER» on the bank accounts of the PARTICIPANTS - not later than 18 : 00 Moscow time on working days following the reporting period.

16.3.5. The risk level of UOPS is determined depending on the degree of threat and probability of the risk:

I - low - level of risk, as a result of which the possible/loss of the subjects of the infrastructure of the Payment System «LEADER» does not affect UOPS;

II - average - level of risk, as a result of which the possible/loss of the subjects of the infrastructure of the Payment System «LEADER» influence UOPS to a small extent;

III – acceptable - level of risk, as a result of which the possible/loss of the subjects of the infrastructure of the Payment System «LEADER» have impact on UOPS in admissible measure;

IV - high - level of risk, as a result of which the possible/loss of the subjects of the infrastructure of the Payment System «LEADER» influence UOPS to a considerable extent;

V - critical - level of risk, as a result of which the possible/loss of the subjects of the infrastructure of the Payment System «LEADER» can lead to complete cessation of functioning of the Payment System «LEADER».

 

 

Probability

low

average

high

highest

Degree of the threat

low

I

I

I

I

average

I

II

II

II

acceptable

II

II

III

III

high

III

III

IV

IV

critical

III

IV

IV

V

 

16.4. Requirements to the content of activities to ensure UOPS, carried out by the OPERATOR, PARTICIPANTS, Operators of payment infrastructure services

Requirements to the content of activities to ensure UOPS, carried out by the OPERATOR, PARTICIPANTS, Operators of payment infrastructure services may include:

  • requirements of detailed and acceptable risks level of UOPS in the context of categories of the subjects of the infrastructure of the Payment System «LEADER»;
  • procedure for the development, application and assessment of the effectiveness of methods of risks analysis in the Payment System «LEADER», requirements to registration and verification of the analysis results;
  • order of quality evaluation and reliability of information systems, operational and technological means used by the PARTICIPANTS, Operators of payment infrastructure services;
  • procedure for selection and implementation of the activities and ways to achieve and maintain an acceptable risks level of UOPS, the order of evaluation of their effectiveness and improvement;
  • requirements to monitoring of risks violation of UOPS;
  • requirements to the plans of business continuity and activities recovery of the Operators of payment infrastructure services.

 

16.5. Organizational aspects of cooperation in ensuring UOPS

Organizational aspects of the interaction of the infrastructure subjects of the Payment System «LEADER» in the implementation of activities to ensure UOPS include:

  • organizational model of risk management;
  • definition of the infrastructure subjects of the Payment System «LEADER», coordinating the activities of the infrastructure subjects of the Payment System «LEADER» to ensure UOPS;
  • procedures and forms of coordination of activity of the infrastructure subjects of the Payment System «LEADER» to ensure UOPS and implementation of their activities in the framework of the risk management system;
  • procedure and forms of control implementation over the compliance of PARTICIPANTS, Operators of payment infrastructure services of the procedures for providing UOPS;
  • responsibilities of each of the Operators of payment infrastructure services to ensure the continuity of services payment infrastructure provision, granted them by the PARTICIPANTS and their CLIENTS;
  • order of evaluation of the effectiveness of the risk management system of the Payment System «LEADER» in order to improve it.

 

16.6. Order of change of operational and technological tools and procedures

16.6.1. The OPERATOR has the right to change the operational and technological measures and procedures in the following cases:

  • change the order of services rendering or type of services on TRANSFERS;
  • in the cases stipulated by the legislation of the Russian Federation and normative documents and/or the recommendations of the Bank of Russia;
  • in the framework of the risk management system;
  • as a result of the evaluation of functioning quality of the operational and technological means, information systems by the independent organization.

16.6.2. In case if change of operational and technological tools and procedures by the OPERATOR requires changes in these REGULATIONS, the OPERATOR makes the appropriate changes in the order, stipulated by the present REGULATIONS. In case of change of operational and technological tools and procedures the OPERATOR shall not require changes in the present REGULATIONS, the OPERATOR shall send PARTICIPANTS a notice of change of operational and technological tools and procedures with the details of such changes not later than 30 (thirty) calendar days prior to the date of the entry into force of the relevant amendments.

16.6.3. PARTICIPANT, the Operator of payment infrastructure has the right to independently make changes to the operational and technological means and procedures for interaction with the Payment System «LEADER» on the side of the PARTICIPANT, the Operator of the payment infrastructure, in case, if such changes are not contrary to these REGULATIONS, the laws of the Russian Federation and does not lead to the change of the order of rendering services on TRANSFERS provided by the present REGULATIONS, as well as to the volume and nature of their provision by the PARTICIPANT, the Operator of the payment infrastructure.

 

16.7. Order of quality evaluation of functioning of the operational and technological means, information systems by independent organization

 

16.7.1 The OPERATOR conducts the assessment of the functioning quality of the operational and technological resources and information systems of the Payment System «LEADER» by engaging an independent organization.

16.7.2. The OPERATOR independently selects an independent organization.
   16.7.3. In the case an independent organization provides the confidential information for the purpose of evaluation of the quality of functioning of the operational and technological resources and information systems of the Payment System «LEADER» the OPERATOR shall be obliged to conclude with the independent organization the agreement on non-disclosure of confidential information.

16.7.4. As a result of the evaluation of the quality of functioning of the operational and technological resources and information systems of the Payment System «LEADER» by the independent organization, the OPERATOR has the right to take a decision on the change of operational and technological means and procedures of the Payment System «LEADER» in the order, stipulated by the present REGULATIONS.

16.7.5. The PARTICIPANTS and the Operators of payment infrastructure services may at its discretion and at its own expense to conduct assessment of the quality of functioning of the operational and technological means and information systems on the side of the PARTICIPANTS and Operators of payment infrastructure services with attraction of independent organizations.

 

16.8. Procedure for information exchange necessary for risk management

 

16.8.1. In order to manage the risks the OPERATOR shall have the right to request and receive from PARTICIPANTS and Operators of payment infrastructure services of the information required for the risk management of the Payment System «LEADER», and also systematize, process, and store that information.

16.8.2. In case if the requested information includes information that constitutes a commercial secret, the OPERATOR undertakes to ensure the preservation of such information in accordance with the requirements of the legislation of the Russian Federation. The OPERATOR shall have the right to provide such information to third parties in cases, stipulated by the requirements of the legislation of the Russian Federation.

16.8.3. The PARTICIPANTS and Operators of payment infrastructure services may not unreasonably refuse the OPERATOR in the provision of the information required in order to manage the risks in the Payment System «LEADER», if the provision of such information is contrary to the requirements of the legislation of the Russian Federation.

17.  TIME REGULATIONS OF THE PAYMENT SYSTEM «LEADER» FUNCTIONING

17.1. Processing of information on TRANSFER implementation by the OPERATOR and the OPERATIONAL CENTER is carried out around the clock, 7 (seven) days a week. The reception for the execution of orders of the PARTICIPANTS (their BPA/BPS) is carried out round the clock, including weekends and holidays.

17.2. Clearing and settlements in the framework of the Payment System «LEADER» are carried out only on working days.

17.2.1. Clearing in the Payment System «LEADER» is carried out not later than 12 : 00 noon Moscow time on working days following the Reporting period, provided for by the AGREEMENT and the present REGULATIONS.

17.2.2. Settlements in the Payment System «LEADER» are made according to the results of the Reporting period no later than 18 : 00 of Moscow time on working day following the Reporting period,

17.3. Requests receipt and processing of the CLIENTS, as well as the PARTICIPANTS is provided with information-reference service of the Payment System «LEADER» in the round-the-clock mode 7 (seven) days a week. ESID processing via EDMS of the PARTICIPANTS in the Payment System «LEADER» is carried out in a round-the-clock mode 7 (seven) days a week.

17.4. TRANSFER reception and pay out to the CLIENTS is carried out by the Points of TRANSFERS receipt/pay out in accordance with work schedule of Points of TRANSFERS receipt/pay of the PARTICIPANT.

18.  PROCEDURE FOR ASSIGNING THE CODE (NUMBER), ALLOWING CONCLUSIVELY TO ESTABLISH THE PARTICIPANT AND TYPE OF ITS PARTICIPATION IN THE PAYMENT SYSTEM «LEADER»

18.1. The PARTICIPANT and its Points of TRANSFERS receipt/pay out are registered by the OPERATOR. The registration is carried out by the assignment for PARTICIPANT of alphanumeric code - unique code of the PARTICIPANT and its Points of TRANSFERS receipt/pay out by the OPERATOR, allowing conclusively establish the PARTICIPANT and the type of its participation in the Payment System «LEADER». Code for the PARTICIPANT and its Point of TRANSFERS receipt/pay out is assigned on the basis of documents submitted by the PARTICIPANT for the OPERATOR for participation in the Payment System «LEADER», to the extent of the PARTICIPANT of all actions and procedures required to start operations in the Payment System «LEADER». When assigning a code for the PARTICIPANT the following conditions are observed: first characters is the abbreviated name or the first letters of the name of the PARTICIPANT or the location of Points of TRANSFERS receipt/pay out. After this the OPERATOR specifies the country code of the PARTICIPANT in accordance with the international standard ISO 3166/MA, following the country code code letters are a sign of the type of participation in the Payment System «LEADER». Digital sign is formed automatically, sequentially starting from 01:

  • ABCD - the first letters of the name of the PARTICIPANT or the location of Point of TRANSFERS receipt/pay out of the PARTICIPANT;
  • RUS-the Russian Federation;
  • DP - direct participation;
  • IP-indirect participation;
  • SP-interaction of the Payment System «LEADER» with other payment system;
  • 00001 - digital number of the PARTICIPANT.

18.2. An example of the code assigned to the Payment System «LEADER»: LEADER-RUS-DP-1.

19.  PROCEDURE OF OBLIGATIONS PERFORMANCE ON TRANSFERS OF THE PARTICIPANTS OF THE PAYMENT SYSTEM «LEADER»

19.1. In order to comply with the terms of settlements of the PARTICIPANT with the OPERATOR, uninterruptible operation of Payment System «LEADER», as well as to strict observance by the PARTICIPANT to these REGULATIONS and conditions of the AGREEMENT used by one or several of the following ways of execution of the PARTICIPANT's liabilities.

19.2. On the reporting day or the reporting period, the direct PARTICIPANT (with the account of the indirect PARTICIPANTS) in the SETTLEMENT CENTRE is set a limit in the  TRANSFER currency on TRANSFERS sending within which the PARTICIPANT (including its BPA/BPS, indirect PARTICIPANTS) carries out money TRANSFERS under the SYSTEM. When receiving from the CLIENT and TRANSFER sending and/or TRANSFER debiting from the CLIENT’s account the sum of the current limit of the direct PARTICIPANT is reduced by TRANSFER amount, when paying out to the CLIENT of TRANSFER/crediting to the account of TRANSFER amount the amount of the current limit increases in the paid out/credited amount. In case of reduction of the limit in a certain percentage established by the OPERATOR, its exhaustion, the PARTICIPANT receives the corresponding ESID via EDMS about the need to increase the limit of the PARTICIPANT.

19.2.1. When receiving ESID by the PARTICIPANT, specified in p. 19.2. of this Chapter, for the continuation of work in the Payment System «LEADER» and TRANSFERS sending the direct PARTICIPANT is obliged to transfer to its banking account(s) in the SETTLEMENT CENTER the amount of cash required for the further implementation of the actions under the AGREEMENT and REGULATIONS. After crediting money to a bank account(s) of the PARTICIPANT the SETTLEMENT CENTER shall send to the PAYMENT CLEARING CENTER and the OPERATOR ESID with confirmation of the transfer of funds.

19.2.2. Upon receipt of this ESID the PAYMENT CLEARING CENTER sends the resulting ESID to the OPERATIONAL CENTER for the transfer to the direct PARTICIPANT of ESID with the confirmation of money crediting to the bank account of the direct PARTICIPANT. When crediting money to the bank account of the direct PARTICIPANT, the OPERATOR increases its limit to the amount of funds credited to the bank account(s), and the direct PARTICIPANT (including its BPA/BPS, indirect PARTICIPANTS) can continue to send and receive/debit TRANSFERS from the account.

19.2.3. In the case of the exhaustion of the limit in full when you try to send the TRANSFER the PARTICIPANT will receive ESID, informing you that the limit of the PARTICIPANT is exhausted. In this case, the PARTICIPANT will not be able to save and to send a TRANSFER, and the function of TRANSFER sending will be locked until the moment of limit increase.

19.2.4. The OPERATOR has the right to unilaterally establish and amend the limits of the established limits of direct and indirect PARTICIPANTS, who opened a bank account(s) and do not open a bank account(s) in the SETTLEMENT CENTRE. Information about installed or modified limits the OPERATIONAL CENTRE of the Payment System «LEADER» sends to the PARTICIPANT by the AGREED MEANS of COMMUNICATION not later than the next working day after the adoption of the OPERATOR of a decision on setting or changing the limit.

19.3. In order to increase the limit the PARTICIPANTS for reduction/the exhaustion of the limit shall have the right to transfer funds to the accounts of participants of the settlement system, opened in the SETTLEMENT CENTER of the Payment System «LEADER». The SETTLEMENT CENTER shall be entitled to debit without further order of the PARTICIPANTS of the amounts transferred to them under the conditions you have given into force of the present REGULATIONS of acceptance of PARTICIPANTS with commitments on settlements and the presentation of the requirements of the OPERATOR to the PARTICIPANT. The mechanism of interaction between the PARTICIPANT and the OPERATOR and the Operators of payment infrastructure services is carried out according to subparagraphs 19.2.1.-19.2.3. of these REGULATIONS, with account of settlements peculiarities using by the PARTICIPANT of the participants’ settlement accounts.

19.4. The direct PARTICIPANT undertakes to transfer to the bank account(s), opened in the SETTLEMENT CENTER, the sums in the currency(ies) planned for TRANSFERS sending/debiting from the account, providing the possibility to send TRANSFERS by the direct PARTICIPANT (including its BPA/BPS, indirect PARTICIPANTS) in the reporting day or the reporting period the transferred money by the direct PARTICIPANT to a bank account(s) in the specified currency(ies). Interest on the deposited money is not charged and not paid.

19.4.1. In case of need the direct PARTICIPANT and the OPERATOR has the right to determine the amount of the transferred in the reporting day or the reporting period amounts to the bank account(s) of the direct PARTICIPANT, opened in the SETTLEMENT CENTER, in a firm sum of money by way of conclusion of the additional agreement to the AGREEMENT.

19.4.2. In the event of money debiting by the SETTLEMENT CENTER from the bank account(s) of the PARTICIPANT for purposes of making settlements in the manner prescribed by these REGULATIONS and the AGREEMENT, the direct PARTICIPANT transfers money to the bank account(s), opened in the SETTLEMENT CENTER, providing an opportunity of TRANSFERS sending by the PARTICIPANT (including its BPA/BPS, indirect PARTICIPANT) in the reporting day or in the reporting period in the limits of transferred money by the PARTICIPANT.

19.4.3. In the case of the exhaustion of cash amount in the bank account(s) of the direct PARTICIPANT or insufficiency of specified sums of money for settlements in the order and on the conditions established by the present REGULATIONS, the SETTLEMENT CENTER sends ESID with the above information to the OPERATOR and the PAYMENT CLEARING CENTER. The OPERATOR after the receipt of ESID of the SETTLEMENT CENTER, has the right to suspend TRANSFER implementation by the PARTICIPANT in the Payment System «LEADER». To continue the work in the Payment System «LEADER» and TRANSFER sending/debiting from the account of the direct PARTICIPANT is obliged to transfer amount of funds to the bank account(s), opened in the SETTLEMENT CENTER necessary for further implementation of the actions under the AGREEMENT and REGULATIONS. After transfer of funds to a bank account(s) of the PARTICIPANT the SETTLEMENT CENTER shall send to the PAYMENT CLEARING CENTER and the OPERATOR ESID with confirmation of the transfer of funds. When crediting funds to the bank account(s) of the direct PARTICIPANT, the direct PARTICIPANT (including its BPA/BPS, indirect PARTICIPANTS) can continue to send and receive/debit TRANSFERS from the account.

19.5. At the conclusion with the OPERATOR of the relevant agreement the direct PARTICIPANT undertakes after its conclusions to transfer on its own bank account(s), opened in the SETTLEMENT CENTER, the sums in the firm amount and currency (currencies), agreed with the OPERATOR. Interest on the credited money funds is not charged and not paid. The direct PARTICIPANT undertakes to maintain in the bank account(s), opened in the SETTLEMENT CENTER of the cash amounts specified in the agreement with the OPERATOR the amount and currency for the entire term of the agreement. The SETTLEMENT CENTER shall be entitled to debit without further order of the PARTICIPANTS of transferred amounts under the conditions of given into force of the present REGULATIONS the acceptance of PARTICIPANTS with commitments on settlements and the presentation of the requirements of the OPERATOR to the PARTICIPANT.

19.5.1. In case if the amount of cash in bank account(s) of the direct PARTICIPANT becomes less than the sums of monetary funds specified in the concluded agreement with the OPERATOR, the PARTICIPANT undertakes to refill its bank account(s) with cash in the order and terms, stipulated by the agreement, up to the size, agreed with the OPERATOR. In case, if the PARTICIPANT did not refill its bank account(s) in the order and terms, stipulated by the agreement with the OPERATOR, the SETTLEMENT CENTER sends the appropriate ESID to the OPERATOR. After receiving ESID the SETTLEMENT CENTER of the OPERATOR of the Payment System «LEADER» has the right to suspend TRANSFER implementation by the PARTICIPANT in the Payment System «LEADER». To continue the work in the Payment System «LEADER» and TRANSFER sending the direct PARTICIPANT is obliged to transfer to its bank account(s) in the SETTLEMENT CENTER the amount of cash required for the further implementation of the actions under the AGREEMENT and REGULATIONS, but not less than the amounts specified in the agreement with the OPERATOR.

19.5.2. After transfer of funds to a bank account(s) of the PARTICIPANT the SETTLEMENT CENTER shall send to the PAYMENT CLEARING CENTER and the OPERATOR ESID with confirmation of the transfer of funds. When crediting funds to a bank account(s) of the direct PARTICIPANT, the direct PARTICIPANT (including its BPA/BPS, indirect PARTICIPANTS) can continue to send and receive/debit TRANSFERS from the account.

19.6. In order to secure obligations under these REGULATIONS and the AGREEMENT the OPERATOR or on its behalf the SETTLEMENT CENTRE can create a guarantee fund, in the order established by the legislation of the Russian Federation and the present REGULATIONS. In case of its creation, in the present REGULATIONS changes shall be made, regulating the procedure of use of the guarantee fund.

20.  ORDER OF INTERACTION IN THE FRAMEWORK OF THE PAYMENT SYSTEM «LEADER» IN THE DISPUTED AND EMERGENCY SITUATIONS

20.1. In the event of a dispute, a non-standard or emergency circumstances, including upon the occurrence of events that caused the operating failures, incidents, connected with violation of the requirements for information protection when performing a transfer, the PARTICIPANTS (its BPA/BPS), the Operators of payment infrastructure services, the CERTIFYING CENTER inform in the day of their occurrence and/or the identification of the OPERATOR according to the AGREED MEANS of COMMUNICATION, and report them to the SYSTEM ADMINISTRATOR by phone: 8 (495) 984-05-05, at the address in Internet network: info@leadermt.ru.

20.2. In case of controversial, non-standard or emergency situations and informing the OPERATOR about it the OPERATOR analyzes the causes and consequences of the occurrence of such situations, investigates the circumstances of their occurrence.

20.3. In case, if for the investigation of the dispute, a non-standard or emergency situation, it is necessary the participation of the representatives of the PARTICIPANT (its BPA/BPS), the Operator of payment infrastructure services, the CERTIFYING CENTER create a Conciliation Commission which carries out its functions in the order stipulated by Chapter 25 of these REGULATIONS.

21.  REQUIREMENTS FOR INFORMATION PROTECTION

21.1. The OPERATOR, Operators of payment infrastructure services, Operators of money transfers, being PARTICIPANTS (its BPA/BPS) are obliged to ensure the protection of information in accordance with the requirements of the Decree of the Government of the Russian Federation from 13.06.2012 № 584 «On approval of the Regulations on the protection of the information in the payment system and the Bank of Russia 09.06.2012 № 382-P «On requirements to ensure the protection of information in the implementation of the transfers of funds and about the order of the Bank of Russia of control over observance of requirements to protection of information in the implementation of the transfers of funds».

The OPERATOR, the PARTICIPANTS (its BPA/BPS), attracted by the OPERATOR the Operators of payment infrastructure services must comply with the commercial, banking secrecy and to ensure the protection of the following information:

  • means and methods of ensuring information security;
  • personal data;
  • balances of Electronic money;
  • TRANSFERS, including the information contained in the confirmation (ESID), relating to the admission to the execution of orders of the PARTICIPANTS (its BPA/BPS), as well as in the proofs (ESID), relating to the execution of orders of the PARTICIPANTS (its BPA/BPS);
  • information contained in the orders of CLIENTS, orders (EPD) of the PARTICIPANTS (its BPA/BPS), as well as orders of the PAYMENT and CLEARING CENTER OPERATOR;
  • payment clearing positions of the PARTICIPANTS;
  • information needed to prove the CUSTOMER the right to dispose of monetary funds, including data holders of payment cards;
  • key information, means of cryptographic protection of information (MCPI), used in TRANSFERS;
  • configuration that defines the parameters of the work of automated systems, software, computer and data processing equipment, telecommunications equipment, the operation of which is ensured by the OPERATOR, the PARTICIPANTS (its BPA/BPS), involved by the OPERATOR of the Payment System «LEADER» Operators of the payment infrastructure services, and used for TRANSFER implementation, and also about the configuration that defines the parameters of the work of technical means of information protection;
  • other information with limited access, which is subject to mandatory protection in accordance with the legislation of the Russian Federation in the implementation of the transfers of funds.

21.2. Protection of information is ensured by the implementation of the OPERATOR, the PARTICIPANTS (its BPA/BPS), involved by the OPERATOR of the Payment System «LEADER» the Operators of payment infrastructure services of legal, organizational and technical measures aimed:

  • on the protection of information from unauthorized access, destruction, modification, blocking, copying, supply and distribution, as well as other unlawful actions in relation to information;
  • on the observance of the confidentiality of the information;
  • on the realization of the right to access the information in accordance with the legislation of the Russian Federation.

21.3. The PARTICIPANTS shall ensure the implementation by BPA/BPS of the PARTICIPANTS of the requirements to ensure the protection of information when performing a transfer, taking into account used to work in the Payment System «LEADER» of the automated systems, software, computer and data processing equipment, telecommunications equipment, the operation of which is provided by BPA/BPS. The PARTICIPANTS shall ensure the verification of compliance by BPA/BPS, involved in activity on rendering services on TRANSFERS, of the requirements to protection of information in TRANSFERS implementation.

21.4. The OPERATOR defines a number of requirements to protection of information in TRANSFER implementation, which include the following activities of the PARTICIPANTS (its BPA/BPS), attracted by the OPERATOR of the Payment System «LEADER» the Operators of payment infrastructure services:

  • establishment and organization of the functioning of structural units for protection of the information or the appointment of a person (employee), responsible for the organization of protection of information;
  • inclusion in the employees' duties, involved in the processing of information, the responsibilities for the implementation of requirements to protection of information;
  • implementation of activities, with the purpose of definition of information security threats and analysis of the vulnerability of information systems;
  • analysis of risks of infringement of requirements to protection of the information and control of such risks;
  • development and implementation of systems of information protection in the information systems;
  • use of MCPI in accordance with Federal and international laws, means of protection of information from unauthorized access, means of anti-virus protection, means of providing a firewall, an intrusion detection system, control means (analysis) of protection;
  • detection of incidents, connected with violation of the requirements for protection of the information, responding to them;
  • information security in the use of information-telecommunication networks of General use;
  • determination of the procedure of access to the automated systems, software security, means of computer facilities, telecommunication equipment used for work in the Payment System «LEADER», the processing of the information;
  • organization and carrying out of monitoring and evaluation of requirements performance to protection of information in their own infrastructure facilities not less often than 1 time in 2 years.

21.5. The OPERATOR defines a number of requirements to ensure the protection of information in TRANSFER implementation, which include:

  • requirements to ensure the protection of information when performing a transfer, used for protection of information in the appointment and the distribution of functional rights and duties (hereinafter - the roles) of the persons, connected with TRANSFERS implementation;
  • requirements to ensure the protection of information when performing a transfer, used for protection of information at the stages of creation, exploitation (use for the intended purpose, technical maintenance and repair), modernization, decommissioning the operation used to work in the Payment System «LEADER» of the automated systems, software, means of computer technology, telecommunication equipment;
  • requirements to ensure the protection of information when performing a transfer, used for protection of information in the implementation of access to the automated systems, software, means of computer facilities, telecommunication equipment used for work in the Payment System «LEADER», including requirements to ensure the protection of information when performing a transfer, used for information protection from unauthorized access;
  • requirements to ensure the protection of information when performing a transfer, used for information protection from the impact of the program code, leading to a violation of the regular functioning of the computer equipment (hereinafter - the malicious code);
  • requirements to ensure the protection of information when performing a transfer, used for protection of information in the use of information-telecommunication network of the Internet in TRANSFERS implementation;
  • requirements to ensure the protection of information in TRANSFERS implementation, implemented to protect information when using MCPI;
  • requirements to ensure the protection of information when the transfer is carried out with the use of the aggregate of organizational measures of information protection and technical means of information protection applied for monitoring the implementation of processing technology of protected information in TRANSFERS implementation;
  • requirements to the organization and functioning of the affiliated companies (employees), responsible for the organization and supervision of ensuring of information security;
  • requirements to increase technical and technological literacy of the workers of the PARTICIPANTS (its BPA/BPS), attracted by the OPERATOR of the Payment System «LEADER» the Operators of payment infrastructure services and CLIENTS in the field of information protection;
  • requirements for the detection of incidents, connected with violations of the requirements for information protection in carrying out TRANSFERS, and respond to them;
  • requirements to the definition and implementation of the procedure, ensure the protection of information in TRANSFERS implementation;
  • requirements for the evaluation of the PARTICIPANTS, attracted by the OPERATOR of the Payment System «LEADER» the Operators of payment infrastructure services requirements to ensure the protection of information in TRANSFERS implementation;
  • requirements to getting PARTICIPANTS engaged by the OPERATOR of the Payment System «LEADER» the Operators of payment infrastructure services to the information on the security in the Payment System «LEADER» protection of the information in TRANSFERS implementation;
  • requirements to the improvement of the OPERATOR, the PARTIES engaged by the OPERATOR of the Payment System «LEADER» the Operators of payment infrastructure services of information protection in TRANSFERS implementation.

21.6. Requirements fulfillment to ensure the protection of information in TRANSFERS implementation is provided by:

21.6.1. the choice of organizational measures of information protection; definition of the internal documents of the PARTICIPANTS (its BPA/BPS), attracted by the OPERATOR of the Payment System «LEADER» the Operators of payment infrastructure services, the OPERATOR of the order of application of organizational measures of information protection; definition of the persons responsible for the application of organizational measures to protect the information; the realization of control of the application of organizational measures of information protection; and perform other necessary actions related to the use of organizational measures to protect the information;

21.6.2. the choice of technical means of information protection; definition of the internal documents of the PARTICIPANTS (its BPA/BPS), attracted by the OPERATOR of the Payment System «LEADER» the Operators of payment infrastructure services, the OPERATOR of the order of use of technical means of information protection, including information configuration, defining the parameters of the work of technical means of information protection; appointment of persons responsible for the use of technical means of information protection; use of technical means of information protection; the realization of control of the use of technical means of information protection; and perform other necessary actions connected with the use of technical means of information protection.

21.7. The OPERATOR of the Payment System «LEADER» defines the following requirements to ensure the protection of information in TRANSFERS implementation performed by the PARTICIPANTS (its BPA/BPS), involved by the OPERATOR of the Payment System «LEADER» the Operators of payment infrastructure services for information protection in the appointment and distribution of the roles of the persons, connected with TRANSFERS implementation.

21.7.1. Registration of the persons that have the rights:

  • on the implementation of the access to the protected information;
  • for the management of cryptographic keys;
  • to effect used to work in the Payment System «LEADER» automated systems, software, computer equipment, telecommunications equipment, which may lead to violation of the provision of services for TRANSFERS implementation, except for the ATMs, Payment terminals and Electronic means of payment;
  • on formation of EPD containing instructions on TRANSFERS implementation, and ESID via EDMS.

21.7.2. Implementation of the prohibition of execution by one person in one period of time of the following roles:

  • roles associated with the creation (modernization) of automated systems, software, computer and data processing equipment, telecommunications equipment, used for work in the Payment System «LEADER», and their exploitation;
  • roles associated with the operation used to work in the Payment System «LEADER» of the automated systems, software, computer and data processing equipment, telecommunications equipment in terms of their use for the purpose, and their exploitation in part maintenance and repair.

21.7.3. The control and registration of persons actions, to which you have assigned the roles defined in subparagraph 21.7.1. of this paragraph.

21.8. The OPERATOR of the Payment System «LEADER» defines the following requirements to the PARTICIPANTS (its BPA/BPS), attracted by the OPERATOR of the Payment System «LEADER» the Operators of payment infrastructure services to ensure the protection of information in TRANSFERS implementation used for protection of information at the stages of creation, operation, modernization, decommissioning used to work in the Payment System «LEADER» of the automated systems, software, computer and data processing equipment, telecommunications equipment.

21.8.1. The PARTICIPANTS, attracted by the OPERATOR of the Payment System «LEADER» the Operators of payment infrastructure services include in the terms of reference for the creation (modernization) used to work in the Payment System «LEADER» of the automated systems, software, computer and data processing equipment, telecommunications equipment requirements to ensure the protection of information in TRANSFERS implementation.

21.8.2. The PARTICIPANTS (its BPA/BPS), attracted by the OPERATOR of the Payment System «LEADER» the Operators of payment infrastructure services shall ensure participation of the affiliated companies (employees), responsible for the organization and supervision of ensuring of information security in the elaboration and coordination of technical projects on creation (modernization) of automated systems, software, computer and data processing equipment, telecommunications equipment.

21.8.3. From affiliated companies (workers), responsible for the organization and supervision of ensuring of information protection of the PARTICIPANT (its BPA/BPS), attracted by the OPERATOR of the Payment System «LEADER» the Operators of payment infrastructure services provide the control of conformity of established (modernization) of automated systems, software, computer and data processing equipment, telecommunications equipment with the requirements of technical assignments.

21.8.4. The PARTICIPANT (its BPA/BPS) attracted by the OPERATOR of the Payment System «LEADER» the Operator of payment infrastructure services provide:

  • availability of the operational documentation of the used technical means of information protection;
  • implementation control of the requirements of the operational documentation on the technical means of information protection during the whole period of their operation.

21.8.5. The PARTICIPANT (its BPA/BPS) attracted by the OPERATOR of the Payment System «LEADER» the Operator of payment infrastructure services ensure the implementation of the prohibition of the use of protected information in the process of creating used to work in the Payment System «LEADER» of the automated systems, software, computer and data processing equipment, telecommunications equipment.

21.8.6. The PARTICIPANT (its BPA/BPS) attracted by the OPERATOR of the Payment System «LEADER» the Operator of payment infrastructure services at the stages of operation and decommissioning used to work in the Payment System «LEADER» of the automated systems, software, computer and data processing equipment, and telecommunications equipment, provide:

  • implementation of the prohibition of unauthorized copying of protected information;
  • protection of backup copies of the protected information;
  • destruction of protected information in the cases, when this information is not used anymore, except for the protected information, displaced in the archives, maintenance and safety is established by the legislative acts of the Russian Federation, normative acts of the Bank of Russia, these REGULATIONS and the agreements concluded with the OPERATOR, the PARTICIPANTS, with the involved by the OPERATOR of the Payment System «LEADER» the Operators of payment infrastructure services;
  • destruction of protected information, including those contained in the archives, in a manner ensuring impossibility of its recovery.

21.9. The OPERATOR defines the following requirements to ensure the protection of information in the implementation of access in the Payment System «LEADER» of the automated systems, software, means of computer facilities, telecommunication equipment in TRANSFERS implementation.

21.9.1. The PARTICIPANT (its BPA/BPS) attracted by the OPERATOR of the Payment System «LEADER» the Operator of payment infrastructure services provide accounting used for work in the Payment System «LEADER» of the automated systems, software, computer and data processing equipment, telecommunications equipment used for processing, storage and transfer of protected information, including ATMs and Payment terminals.

21.9.2. The PARTICIPANT (its BPA/BPS) attracted by the OPERATOR of the Payment System «LEADER» the Operator of payment infrastructure services ensure the application of the non cryptographic means of information protection from unauthorized access, used in the Payment System «LEADER», including the application of the non cryptographic means of information protection from unauthorized access of foreign production.

21.9.3. In the implementation of access to protected information, which is used to work in the Payment System «LEADER» automated systems, software, means of computer engineering, telecommunications equipment, specified in subparagraph 21.9.1. of this paragraph, the PARTICIPANT (its BPA/BPS) attracted by the OPERATOR of the Payment System «LEADER» the Operator of payment infrastructure services provide:

  • implementation of procedures of identification, authentication, authorization of its employees in the implementation of access to protected information;
  • identification, authentication, authorization of the PARTICIPANTS in TRANSFERS implementation;
  • determination of the procedure for the use of the information needed to perform authentication;
  • registration of action when implementing the access of their employees to the protected information;
  • registration of acts connected with the appointment and the distribution of access rights to protected information.

21.9.3.1. In the implementation of access to protected information, which is used for work in the Payment System «LEADER» automated systems, software, means of computer engineering, telecommunications equipment, specified in subparagraph 21.9.1. of this paragraph, the PARTICIPANT (its BPA/BPS) provide:

  • implementation of procedures of identification, authentication, and authorization of persons engaged in access to software of ATMs and Payment terminals;
  • implementation of procedures to identify and control the activities of the persons carrying out technical maintenance of ATMs and Payment terminals;
  • in the presence of such opportunities - registration of the action of CUSTOMERS, performed with the use of the software, which is included in the automated systems, computer facilities, telecommunication equipment and used for the implementation of the TRANSFERS, and automated systems included in the software of computer facilities, telecommunication equipment and used for TRANSFERS implementation;
  • with the technical possibilities - registration of acts connected with the appointment and distribution of CLIENTS ' rights, granted to them in the automated systems and software used to perform the TRANSFER.

21.9.4. The PARTICIPANT (its BPA/BPS) attracted by the OPERATOR of the Payment System «LEADER» the Operator of payment infrastructure services provide:

  • implementation of the prohibition of unauthorized expansion of the rights of access to protected information;
  • appointment of their workers the minimum necessary to perform their functional duties, the rights of access to protected information.

21.9.5. The PARTICIPANT (its BPA/BPS) attracted by the OPERATOR of the Payment System «LEADER» the Operator of payment infrastructure services accept and fix in the internal documents of the decision on necessity of application of organizational measures of information protection and (or) use of technical means of information protection, intended for:

  • control physical access to used for work in the Payment System «LEADER» automated systems, software support, means of computer engineering, telecommunications equipment (except for ATMs, Payment terminals and Electronic means of payment), failures and / or failures in the work of which lead to the impossibility of providing services on TRANSFER or to the mistiming of TRANSFERS, as well as access to buildings and premises in which they are placed;
  • prevent physical impact on the means of computer technology, the operation of which is provided by the PARTICIPANT (its BPA/BPS) attracted by the OPERATOR of the Payment System «LEADER» the Operator of payment infrastructure services and which are used for TRANSFERS implementation (hereinafter - the computer equipment), and telecommunication equipment, the operation of which is provided by the PARTICIPANT (its BPA/BPS) attracted by the OPERATOR of the Payment System «LEADER» the Operator of payment infrastructure services and which is used for TRANSFRES implementation (hereinafter - the telecommunication equipment), failures and / or failures in the work of which lead to impossibility to provide service according to TRANSFERS or to the mistiming of their implementation, with the exception of ATMs, Payment terminals and Electronic means of payment;
  • registration for access to ATMs, including the use of video surveillance systems.

21.9.6. In case the PARTICIPANT (its BPA/BPS) attracted by the OPERATOR of the Payment System «LEADER» the Operator of payment infrastructure services of the decision on necessity of application of organizational measures of information protection and (or) use of technical means of information protection, specified in subparagraph 21.9.5. of this paragraph, the PARTICIPANT (its BPA/BPS) attracted by the OPERATOR of the Payment System «LEADER» the Operator of payment infrastructure services provide the application of the organizational measures of information protection and (or) use of the specified technical means of information protection with the moment of such a decision.

21.9.7. The PARTICIPANT (its BPS/BPS) provides the control of the placement of the Payment terminals and ATMs of specialized equipment intended for the unauthorized obtaining (removal) of the information needed for TRANSFERS implementation.

21.9.8. The PARTICIPANT (its BPA/BPS), attracted by the OPERATOR of the Payment System «LEADER» the Operator of payment infrastructure services ensure the adoption of measures aimed at prevention of theft of media protected information.

21.9.9. The PARTICIPANT provides the ability to suspend (block) the CLIENT of accepting for execution of orders on TRANSFERS implementation on behalf of the CLIENT.

21.10. The OPERATOR defines the following requirements to ensure the protection of information in TRANSFERS implementation used for protection of information from the impact of malicious code.

21.10.1. The PARTICIPANT (its BPA/BPS), attracted by the OPERATOR of the Payment System «LEADER» the Operator of payment infrastructure services provide:

  • with the technical possibilities - the use of technical means of information protection, designed to detect malicious code and to prevent the impact of malicious code on the automated systems, software, computer equipment, telecommunications equipment (hereinafter - the technical means of information protection from the impact of malicious code), including ATMs and Payment terminals;
  • regularly updated versions of technical means of information protection from the impact of malicious code and databases used in the work of the technical equipment information protection from the impact of malicious code and contain descriptions of all malicious codes and methods of their neutralization;
  • with the technical possibilities of operation of technical means of information protection from the impact of malicious code in the automatic mode.

21.10.2. The PARTICIPANT provides the formation of the recommendations for protection of the information from the impact of malicious code for the CUSTOMERS.

21.10.3. If there is a technical possibility – the PARTICIPANT (its BPA/BPS), attracted by the OPERATOR of the Payment System «LEADER» the Operator of payment infrastructure services provide the use of technical means of information protection from the impact of malicious code different manufacturers and their separate installation of the personal electronic computers and servers, used for TRANSFERS implementation, as well as on the Internet screens, involved in TRANSFERS implementation.

21.10.4. With the technical possibilities the PARTICIPANT (its BPA/BPS), attracted by the OPERATOR of the Payment System «LEADER» the Operator of payment infrastructure services support implementation of:

  • preliminary verification of the absence of malicious code software installed or changed on the means of computer technology, including ATMs and Payment terminals, used for work in the Payment System «LEADER»;
  • verification of the absence of malicious code means of computer technology, including ATMs and Payment terminals, used for work in the Payment System «LEADER», performed after the installation or modify the software.

21.10.5. In case of detection of malicious code or the fact of the impact of malicious code the PARTICIPANT (its BPA/BPS), attracted by the OPERATOR of the Payment System «LEADER» the Operator of payment infrastructure services, the OPERATOR shall ensure the adoption of measures aimed at preventing the spread of malicious code and elimination of the consequences of the impact of malicious code.

21.10.5.1. Immediately, not later than the date of detection of malicious code or the fact of the impact of malicious code the PARTICIPANT, attracted by the OPERATOR of the Payment System «LEADER» the Operator of payment infrastructure services shall inform the OPERATOR about this fact.

21.11. The OPERATOR defines the following requirements to ensure the protection of information when performing a transfer, associated with the use of the Internet.

21.11.1. When using the Internet the PARTICIPANT (its BPA/BPS), attracted by the OPERATOR of the Payment System «LEADER» the Operator of payment infrastructure services provide:

  • application of organizational measures of information protection and use of technical means of information protection, designed to prevent access to the content of any information transmitted over the Internet network;
  • application of organizational measures of information protection and use of technical means of information protection, designed to prevent unauthorized access to protected information used for work in the Payment System «LEADER» automated systems, software, means of computer facilities, telecommunication equipment with the use of Internet network;
  • application of organizational measures of information protection and use of technical means of information protection, designed to prevent unauthorized access to protected information by using the opportunities of the software;
  • reduce the severity of the consequences of impacts on used for work in the Payment System «LEADER» automated systems, software, means of computer facilities, telecommunication equipment with the purpose of creation of conditions for the inability to provide the services on TRANSFERS or tardiness of TRANSFERS;
  • filtering network packets through the exchange of information between computer networks, which are used for work in the Payment System «LEADER» automated systems, software, computer equipment, telecommunications equipment, and the Internet.

21.11.2. The PARTICIPANT provides the formation of recommendations for information protection from unauthorized access by use of false (counterfeit) resources of Internet network for the CUSTOMERS.

21.12. Protection of information in TRANSFERS implementation using MCPI is carried out in the following order.

21.12.1. In the Payment System «LEADER» are applied including MCPI of the Russian manufacturer. Specified MCPI have certificates of the authorized state body, allow their incorporation in the technological processes of TRANSFERS, provide interaction with the application software on the level of request processing for cryptographic conversion and output of the results. MCPI support continuous process of MCPI logging and ensure the integrity of the software for the environment of MCPI functioning, which represents a combination of hardware and software, together with those on the regular functioning of MCPI and which are likely to impact on performance of MCPI requirements.

21.12.2. In order to use MCPI for work in the Payment System «LEADER» the PARTICIPANT (its BPA/BPS), attracted by the OPERATOR of the Payment System «LEADER» the Operator of payment infrastructure services define in internal documents and perform the procedure for application of MCPI, including:

  • procedure of MCPI commissioning and procedure of MCPI operation;
  • procedure for recovery of MCPI in cases of failures and (or) failures in their work;
  • procedure for MCPI decommissioning;
  • procedure of core system management;
  • procedure of treatment with carriers of cryptographic keys, including the order of application of organizational measures of information protection and use of technical means of information protection, designed to prevent unauthorized use of cryptographic keys, and procedure for change and compromise of keys.

21.12.3. Cryptographic keys are manufactured by the PARTICIPANT independently. The safety of the processes of production of cryptographic keys is provided by the complex of technological measures of information protection, organizational measures of information protection and technical means of information protection of the PARTICIPANT in accordance with the technical documentation for MCPI.

21.12.4. The OPERATOR has determined the obligatory use of MCPI for work in the Payment System «LEADER», as well as the mandatory use of not cryptographic means of information protection.

21.13. The OPERATOR defines the following requirements for information protection during the transfer is carried out with the use of technological measures of information protection.

21.13.1. The PARTICIPANT (its BPA/BPS), attracted by the OPERATOR of the Payment System «LEADER» the Operator of payment infrastructure services provide accounting and control of the composition established and used by the means of computer engineering software.

21.13.2. The OPERATOR regulates in these REGULATIONS of procedure for application of organizational measures of information protection and use of technical means of information protection used in the carrying out of exchange operations of EPD, ESID and other electronic records in EDMS in TRANSFERS implementation. The PARTICIPANT (its BPA/BPS), attracted by the OPERATOR of the Payment System «LEADER» the Operator of payment infrastructure services undertake to carry out this procedure.

21.13.3. The orders of the PARTICIPANT, the PAYMENT CLEARING CENTER, the OPERATOR of the Payment System «LEADER» shall be certified by ASP, codes, passwords and other means, allowing to confirm the drawing up of orders by an authorized person.

21.13.4. In the operation of automated systems, software, computer and data processing equipment, telecommunications equipment the PARTICIPANT (its BPA/BPS), attracted by the OPERATOR of the Payment System «LEADER» the Operator of payment infrastructure services provide:

  • protection of EPD, ESID and other electronic documents from distortion, falsification, diversion, unauthorized review, destruction, false authorization;
  • control over compliance with the established by these REGULATIONS, the technology of preparation, processing, transmission and storage of EPD, ESID and other electronic documents and protected information from the use of automated systems, software, means of computer technology, telecommunication equipment;
  • authentication of input EPD, ESID, other electronic documents;
  • mutual authentication of exchange participants of EPD, ESID, other electronic documents;
  • restoration of the information on the obligations to the CUSTOMERS, the requirements and obligations to the OPERATOR, about the remainder of Electronic cash in the event of intentional or accidental destruction (distortion) or failure of the means of computer technology;
  • reconciliation of the output EPD, ESID, other electronic documents with the relevant input and processed ESID, other electronic documents in the implementation of payments in the Payment System «LEADER»;
  • identification of counterfeit orders of the CUSTOMERS, including an imitation by a third party of CUSTOMERS actions using Electronic means of payment, REMOTE METHODS of CUSTOMER SERVICE, and operations related to TRANSFERS implementation, an intruder on behalf of the authorized CUSTOMER (substitution of authorized CUSTOMER) after the authentication procedure.

21.14. The OPERATOR defines the following requirements for the organization and functioning of the affiliated companies (employees), responsible person(s) for the organization and supervision of ensuring of information protection (hereinafter - information security service).

21.14.1. The PARTICIPANT (its BPA/BPS), attracted by the OPERATOR of the Payment System «LEADER» the Operator of payment infrastructure services:

  • ensure formation of the information security service, as well as define in internal documents of the goals and objectives of service activities;
  • provide the powers and resources necessary for the implementation of information safety service of the established goals and objectives. The PARTICIPANT, attracted by the OPERATOR of the Payment System «LEADER» the Operator of payment infrastructure services appoint a curator of the information security service of the composition of its management body and define its powers. The security information service and support information (automation) should not have general curator.

21.14.3. The PARTICIPANT, which has branches:

provides formation of the information security services in these branches, determines for them the necessary powers and allocates necessary resources;

provides interaction and coordination of information security services.

21.14.4. Information security service carries out the planning and control of information protection in carrying out TRANSFERS, to which is vested with authority to:

  • exercise control (monitoring) of the execution of information protection order in TRANSFERS implementation;
  • define the requirements to technical means of protection of information and organizational measures to protect the information;
  • monitor the implementation by the employees of the requirements to ensure information protection in TRANSFERS implementation;
  • participate in the proceedings of incidents, connected with violations of the requirements for information protection in carrying out TRANSFERS, and to propose the imposition of disciplinary penalties, as well as to submit proposals on the improvement of information protection of the PARTICIPANTS, attracted by the OPERATOR of the Payment System «LEADER» the Operator of payment infrastructure services;
  • participate in the activities connected with the fulfillment of requirements to ensure information protection in TRANSFERS implementation used in the restoration of services provision of the Payment System «LEADER» after the failure in the work of automated systems, software, means of computer engineering, telecommunication equipment of the PARTICIPANT, attracted by the OPERATOR of the Payment System «LEADER» the Operator of payment infrastructure services.

21.15. The OPERATOR of the Payment System «LEADER» defines the following requirements for the awareness-raising in the field of information protection.

21.15.1. The PARTICIPANT attracted by the OPERATOR of the Payment System «LEADER» the Operator of payment infrastructure services to enhance staff awareness in the field of ensuring information protection:

<on the procedure of application of organizational measures to protect the information;

<on the procedure for the use of technical means of information protection.

21.15.2. The PARTICIPANT attracted by the OPERATOR of the Payment System «LEADER» the Operator of payment infrastructure services enhance staff awareness, granted new role, and related to the application of organizational measures of information protection or use of technical means of information protection.

21.15.3. The PARTICIPANT shall communicate to the CUSTOMER information about the possible risks of obtaining unauthorized access to the protected information with the purpose of realization of TRANSFERS by persons who do not have the right to dispose these funds, and recommended measures to reduce them.

21.16. The OPERATOR of the Payment System «LEADER» defines the following requirements for the detection of incidents, connected with violations of the requirements for information protection in carrying out TRANSFERS, and respond to them.

21.16.1. The PARTICIPANT (its BPA/BPS), attracted by the OPERATOR of the Payment System «LEADER» the Operator of payment infrastructure services not later than 1 (one) working day after identifying informs the OPERATOR on the AGREED MEANS of COMMUNICATION on identified in the Payment System «LEADER» about the incidents, connected with violations of the requirements for information protection during the transfer is carried out.

In case of detection in the Payment System «LEADER» of the incidents connected with violations of the requirements for information protection during the transfer is carried out, the PARTICIPANT and/or attracted by the OPERATOR of the Payment System «LEADER» the Operator of payment infrastructure services and the OPERATOR create a Conciliation Commission, in order to implement the activities aimed at the identification of the causes and circumstances of these incidents and elimination of their consequences. The procedure of work of the Conciliation Commission is set out in Chapter 25 of these REGULATIONS.

21.16.2. The PARTICIPANT (its BPA/BPS), attracted by the OPERATOR of the Payment System «LEADER» the Operator of payment infrastructure services provide:

  • application of organizational measures of information protection and use of technical means of information protection, intended for the detection of incidents, connected with violations of the requirements for information protection during the transfer is carried out;
  • informing of the information security service on the detection of incidents, connected with violations of the requirements for information protection during the transfer is carried out;
  • response to identified incidents associated with violations of the requirements for information protection in TRANSFERS implementation;
  • analysis of the causes of the identified incidents connected with infringement of requirements to ensure information protection when performing a transfer, an evaluation of the response to such an incident.

21.16.3. The OPERATOR provides information account and availability for the PARTICIPANTS, attracted by the OPERATOR of the Payment System «LEADER» of the Operators of payment infrastructure services:

  • on identified in the Payment System «LEADER» incidents, connected with violations of the requirements for information protection during the transfer is carried out;
  • on the methods of analysis and response to incidents involving violations of the requirements for information protection during the transfer is carried out.

21.17. The OPERATOR defines the following requirements to the definition and implementation of the procedure to ensure information protection in TRANSFERS implementation.

21.17.1. The PARTICIPANT, attracted by the OPERATOR of the Payment System «LEADER» of the Operator of payment infrastructure services approve internal documents, containing the procedure of information protection provision in TRANSFERS implementation, and defining:

  • composition and procedure for application of organizational measures of information protection, specified in these REGULATIONS;
  • composition and procedure for the use of technical means of information protection, specified in these REGULATIONS, including information about the configuration of technical means of information protection, which determines the parameters of their work;
  • order of registration and storage of information on paper or in electronic form, containing confirmation of order execution of organizational measures application of information protection and use of technical means of information protection, specified in these REGULATIONS.

21.17.2. The OPERATOR, PARTICIPANT, attracted by the OPERATOR of the Payment System «LEADER» of the Operator of payment infrastructure services delegate responsibility for determining the procedures for providing information protection when TRANSFERS are carried out by means of:

  • compliance by the PARTICIPANT, attracted by the OPERATOR of the Payment System «LEADER» of the Operator of payment infrastructure services of information protection order when performing TRANSFERS, provided by the present REGULATIONS;
  • compliance by the PARTICIPANT, attracted by the OPERATOR of the Payment System «LEADER» of the Operator of payment infrastructure services of information protection order when performing TRANSFERS, provided for by their internal documents;

21.17.3. The OPERATOR, the PARTICIPANTS, attracted by the OPERATOR of the Payment System «LEADER» of the Operators of payment infrastructure services provide a definition of the procedures for providing information protection when TRANSFERS are carried out in the framework of allocation of duties established by the subparagraph 21.17.2. of these REGULATIONS.

21.17.4. The PARTICIPANTS, attracted by the OPERATOR of the Payment System «LEADER» of the Operators of payment infrastructure services ensure the appointment of persons responsible for the implementation of the procedures for providing information protection in TRANSFERS implementation.

21.17.5. Information security service of the PARTICIPANT, attracted by the OPERATOR of the Payment System «LEADER» of the Operator of payment infrastructure services shall exercise control (monitoring) of the execution of information protection order when performing TRANSFERS, including:

  • control (monitoring) of the implementation of organizational measures to protect the information;
  • control (monitoring) of the use of technical means of information protection.

21.18. The OPERATOR defines the following requirements for the evaluation by the OPERATOR of the Payment System «LEADER», the PARTICIPANT which is the Operator of money transfers, attracted by the OPERATOR of the Payment System «LEADER» of the Operator of payment infrastructure services requirements to ensure the protection of information in TRANSFERS implementation.

21.18.1. The OPERATOR, the PARTICIPANT, which is the Operator of money transfers, attracted by the OPERATOR of the Payment System «LEADER» of the Operator of payment infrastructure services ensure the evaluation of requirements implementation to ensure information protection in TRANSFERS implementation (hereinafter -  conformity assessment).

Conformity assessment is carried out on the basis of:

  • information on paper or in electronic form, containing confirmation of order execution of application of information protection organizational measures and use of technical means of information protection;
  • review of the conformity of the order of application of information protection organizational measures and use of technical means of information protection requirements of these REGULATIONS and normative acts of the Bank of Russia;
  • results of control (monitoring) of the implementation of information protection order in TRANSFERS implementation.

The OPERATOR, the PARTICIPANT, which is the Operator of money transfers, attracted by the OPERATOR of the Payment System «LEADER» of the Operator of payment infrastructure services carry out the assessment of conformity independently or with the participation of outside organizations not less than once in two years, and also on demand of the Bank of Russia. Procedure for assessing the conformity and the documentation of its results, as well as the list of requirements to ensure the protection of information when performing a transfer, the implementation of which is tested in the evaluation of conformity, determined by normative acts of the Bank of Russia.

21.19. The OPERATOR defines the following requirements for the bringing by the PARTICIPANT, attracted by the OPERATOR of the Payment System «LEADER» the Operator of payment infrastructure services of the information on the security in the Payment System «LEADER» protection of the information in TRANSFERS implementation.

21.19.1. For the purposes of the security analysis in the Payment System «LEADER» information protection in TRANSFERS implementation by the OPERATOR at any time has the right to send the request via the AGREED MEANS of COMMUNICATION to the PARTICIPANT, attracted by the OPERATOR of the Payment System «LEADER» of the Operator of payment infrastructure services. Not later than 3 (three) working days from the day of receipt of the request the PARTICIPANT, attracted by the OPERATOR of the Payment System «LEADER» of the Operator of payment infrastructure services sends the requested information to the OPERATOR by the AGREED MEANS of COMMUNICATION.

21.19.2. Information available to the OPERATOR by the PARTICIPANT, attracted by the OPERATOR of the Payment System «LEADER» of the Operator of payment infrastructure services for the purposes of security analysis in the Payment System «LEADER» of information protection in carrying out TRANSFERS, and includes the following information:

  • on the degree of requirements implementation for information protection at the implementation of TRANSFERS;
  • on procedure implementation to ensure information protection in TRANSFERS implementation;
  • on detected incidents of requirements violations for information protection during the transfer is carried out;
  • on the results of the assessment of conformity;
  • on the identified threats and vulnerabilities in the provision of information protection.

In the case of attraction by the OERATOR of the Payment System «LEADER» of the OPERATIONAL CENTER, located outside the Russian Federation, the composition of this information sent by such OPERATIONAL CENTER for the purposes of security analysis in the Payment System «LEADER» of information protection in carrying out TRANSFERS is determined by the OPERATOR.

21.20. The OPERATOR defines the requirements to the improvement by the OPERATOR, the PARTICIPANT, attracted by the OPERATOR of the Payment System «LEADER» the Operator of payment infrastructure services of information protection in TRANSFERS implementation.

21.20.1. The OPERATOR of the Payment System «LEADER», the PARTICIPANT, attracted by the OPERATOR of the Payment System «LEADER» the Operator of payment infrastructure services regulate the revision of the procedures for information protection providing when TRANSFERS are carried out in the framework of the obligations established by the OPERATOR, in connection:

  • with changes of requirements to information protection defined by these REGULATIONS;
  • with amendments by the legislative acts of the Russian Federation, normative acts of the Bank of Russia, regulating relations in the national payment system.

21.20.2. The PARTICIPANT, attracted by the OPERATOR of the Payment System «LEADER» of the Operator of payment infrastructure services regulate the procedure for the adoption of measures aimed at the improvement of information protection in TRANSFERS implementation in the following cases:

  • changes of requirements to information protection defined by these REGULATIONS;
  • changes in the legislative acts of the Russian Federation, normative acts of the Bank of Russia, regulating relations in the national payment system;
  • change the order of information protection in TRANSFERS implementation;
  • identifying threats, risks and vulnerabilities in the provision of information protection in TRANSFERS implementation;
  • identifying deficiencies in the implementation of control (monitoring) of order implementation of information protection in TRANSFERS implementation;
  • identifying shortcomings in the assessment of conformity (except for the PARTICIPANT, which is not the Operator of money transfers).

21.21. The OPERATOR undertakes to control the order and conditions of information protection provision by the PARTICIPANTS, attracted by the OPERATOR of the Payment System «LEADER» of the Operators of payment infrastructure services in TRANSFERS implementation through the Payment System «LEADER».

 

22.  ORDER OF ELECTRONIC DOCUMENT MANAGEMENT

22.1. General provisions

22.1.1. Information and documentation interaction between direct and indirect PARTICIPANT (its BPA/BPS), the OPERATOR, Operators of payment infrastructure services and the CERTIFYING CENTER is carried out in accordance with the present procedure of electronic circulation of documents in the Payment System «LEADER» (hereinafter - the Procedure) using EDMS software.

22.1.2. The PARTICIPANTS (its BPA/BPS), the OPERATOR, the Operators of payment infrastructure services and the CERTIFYING CENTER recognize EPD, ESID and other documents drawn up in the electronic form with the use of EDMS, and the documents that confer rights and obligations similar to those that arise in the document with the use of documentary forms (paper-based media, certified with the signatures of authorized persons and samples of seals of the parties), as well as the relevant evidence in the course of consideration of disputes and claims of the parties, including the consideration of disputes in court, only in the case if electronic documents are issued by the transferring party, signed (protected) by ASP and transferred via EDMS, and received by the receiving party, verified and admitted for processing.

22.1.3. The OPERATOR, OPERATIONAL CENTER and CERTIFYING CENTER provide consulting support to the PARTIES on the operation of EDMS. The OPERATOR shall have the right to involve third persons for the development and modernization of EDMS software. The OPERATOR shall have the right to make replacement of processing systems, storage and protection of information with the condition of preliminary notification of the PARTICIPANTS, Operators of payment infrastructure services and CERTIFYING CENTER of the forthcoming replacement of not less than 10 (ten) calendar days.

22.1.4. For cooperation in EDMS with the PARTICIPANTS the OPERATOR appoints technical experts of EDMS, which granted the right of signing of electronic documents in the Payment System «LEADER» by ASP of the OPERATOR. For cooperation in EDMS with the PARTICIPANTS the Operators of payment infrastructure services appoint technical experts of EDMS, which granted the right of signing of electronic documents by ASP of the corresponding Operator of payment infrastructure services.

22.1.5. The responsibilities of EDMS technical specialists of the OPERATOR and Operators of payment infrastructure services are to ensure the work of EDMS with observance of all procedures in EDMS and technical support of EDMS.

22.1.6. The PARTICIPANTS (its BPA/BPS), should ensure the operation of EDMS in the order and on conditions, stipulated the AGREEMENT and the present REGULATIONS.

22.1.7. The basis for acceptance by the OPERATOR of the Payment System «LEADER», the Operator of payment infrastructure services in the processing transferred by the PARTICIPANT (its BPA/BPS) EPD, ESID or any other electronic document is the presence and correctness of ASP of the PARTICIPANT (its BPA/BPS).

22.1.8. The generation of a private key of ASP is made in the order, stipulated by these REGULATIONS and SOFTWARE «LEADER» on their own. For security purposes, the PARTICIPANT (its BPA/BPS) are obliged to carefully store the private key of ASP for disposed media, in accordance with the security requirements of the present REGULATIONS and internal documents of the PARTICIPANT (its BPA/BPS). ASP check is the public key of the PARTICIPANT (its BPA/BPS), registered and stored on the server of EDMS.

22.1.9. The correctness of ASP confirms the authenticity of EPD, ESID and other electronic documents sent by EDMS, including all the required details, and ensures its integrity, as soon as any change in the electronic document, performed after its signing (protection) by ASP shall entail the nullity of ASP.

22.1.10. The protection of information in EDMS is carried out with the use of the asymmetric algorithm using the private key stored by Operators of the PARTICIPANT (its BPA/BPS), Authorized persons of the PARTICIPANT (its BPA/BPS), and the OPERATOR of the Payment System «LEADER», Operators of payment infrastructure services. The maintenance in operational condition of the equipment used for the operation of EDMS, the parties shall implement their own and at their own expense.

22.1.11. The PARTICIPANT (its BPA/BPS), the OPERATOR of the Payment System «LEADER», the Operators of payment infrastructure services bear responsibility in the part of ensuring the safety, non-proliferation and not to disclose to third parties the confidential information related to the use of EDMS, except for the cases established by Federal laws or their written agreement.

22.1.12. Confidential information is described in Chapter 21 of the present REGULATIONS, as well as information about the specific methods of information protection, implemented with EDMS, and any other information, circulating in EDMS.

22.1.15. The PARTICIPANT (its BPA/BPS), the OPERATOR of the Payment System «LEADER», the Operators of payment infrastructure services are required to maintain the confidentiality of all applied in the system of information protection of their private keys.

22.1.16. Change of private key is made every time in case of change of the Operator of the PARTICIPANT (its BPA/BPS) and/or Authorized person of the PARTICIPANT (its BPA/BPS). In order to prevent unauthorized access to the SYSTEM, change of the password to the account of the Operator of the PARTICIPANT (its BPA/BPS) and the Authorized person of the PARTICIPANT (its BPA/BPS) is planned. The first scheduled replacement of the password to the account is made when you first log into the Payment System «LEADER». The second and subsequent planned password changes are made every (4 months (120 days), after which, within 10 (ten) days before the date of scheduled to change the password, the Operator and the Authorized person of the PARTICIPANT (its BPA/BPS) will be notified by means of SOFTWARE «LEADER» about the need to change the password.

22.1.17. The operator of the PARTICIPANT (its BPA/BPS), the Authorized person of the PARTICIPANT (its BPA/BPS) can change the password unscheduled. Validity of the certificate of a public key and its corresponding private key is one year. For 10 days prior to the expiration of the term of validity of the certificate, the Operator of the PARTICIPANT ( its BPA/BPS) and the Authorized person of the PARTICIPANT (its BPA/BPS) will be notified by means of SOFTWARE «LEADER» of the necessity of regeneration. In case if the regeneration is not executed before the specified term, the signature of the documents by specified key becomes impossible, it is possible to view only documents.

22.1.18. Unscheduled replacement of key also is carried out in cases of control loss (compromise) of key of the PARTICIPANT (its BPA/BPS), the Operator of payment infrastructure services. About the need to change keys and their possible compromise of the Authorized person of the PARTICIPANT (its BPA/BPS), the Operator of payment infrastructure services must immediately notify the OPERATOR according to the AGREED MEANS of COMMUNICATION or other accessible kind of connection to the procedure of key locking and change.

22.1.19. Before receiving a notice on the AGREED MEANS of COMMUNICATION on changing of Operator of the PARTICIPANT (its BPA/BPS) and/or Authorized person of the PARTICIPANT (its BPA/BPS), or about the possible compromise of keys of all the actions performed by the PARTICIPANT (its BPA/BPS), considered as performed by the Operator of the PARTICIPANT (its BPA/BPS) and/or by the Authorized person of the PARTICIPANT (its BPA/BPS).

22.1.20. From the moment of receipt by the OPERATOR of the notification of the PARTICIPANT (its BPA/BPS) on the possible compromise of keys, the Authorized person of the PARTICIPANT (its BPA/BPS) shall be obliged to block the work of the Operator of the PARTICIPANT (its BPA/BPS) in EDMS on the compromised keys. When receiving by the OPERATOR of notification about the possible compromise of keys of the Authorized person the PARTICIPANT (its BPA/BPS), the OPERATOR block such keys.

22.1.21. All cases of control loss over the keys, including their loss, theft, unauthorized use, or damage to software and hardware, telecommunication systems, processing, storage and protection of information, for the procedure of key change and other concerted actions on maintenance in working order of EDMS, the PARTICIPANT (its BPA/BPS), Operators of payment infrastructure services immediately inform on the AGREED MEANS of COMMUNICATION the OPERATOR and each other.

22.1.22. The PARTICIPANT (its BPA/BPS), Operators of payment infrastructure services, which lost control over its private key, must immediately stop working in EDMS with compromised key before its change.

22.1.23. In case if the Operator of the PARTICIPANT (its BPA/BPS) and/or Authorized person of the PARTICIPANT (its BPA/BPS) is not used within 60 (sixty) calendar days in a row, the OPERATOR has the right to suspend the work with the use of such a key. For the resumption of work with such key, the Operator of the PARTICIPANT (its BPA/BPS) shall notify the Authorized person of the PARTICIPANT (its BPA/BPS), which takes the decision on renewal of work with this key.

22.1.24. The OPERATOR, the PARTICIPANT (its BPA/BPS), Operators of payment infrastructure services can request and undertake to provide on request to each other, not later than 3 (three) working days from the date of receipt of the request, EPD, ESID and other electronic documents according to the AGREED MEANS of COMMUNICATION and, if necessary, give or send to the address of the party - initiator of the request properly drawn copies of electronic documents in hard copy.

22.1.25. The OPERATOR, the PARTICIPANT (its BPA/BPS), Operators of payment infrastructure services in the day of delivery of EPD, ESID and other electronic records in EDMS, undertake to inform each other on the AGREED MEANS of COMMUNICATION about the facts of non-receipt of an electronic message about the acceptance or refusal of acceptance for processing of the electronic document.

22.1.26. The OPERATOR, the PARTICIPANT (its BPA/BPS), the Operators of payment infrastructure services must keep electronic documents and documents on paper carriers in accordance with the requirements of the legislation of the Russian Federation, normative acts of the Bank of Russia and the terms and conditions of these REGULATIONS.

22.1.27. The OPERATOR, the PARTICIPANT (its BPA/BPS), Operators of payment infrastructure services are obliged to get acquainted with guided them through EDMS of electronic records, including ESID not later than 10 : 00 hrs Moscow time on the business day following the date of sending them electronic documents. In case of failure to receive from the PARTICIPANT (its BPA/BPS) an electronic message about the acceptance or refusal of acceptance for processing of the electronic document, the electronic documents are received by the PARTICIPANT (its BPA/BPS) from 10.00 hrs Moscow time of the working day following the day they are sent to the OPERATOR, the Operator of payment infrastructure services in EDMS.

22.1.28. The PARTICIPANT bears responsibility in front of the OPERATOR and the Operators of payment infrastructure services for TRANSFERS implementation, including those implemented with attracted BPA/BPS by the PARTICIPANT, as well as for all activities in the Payment System «LEADER», performed with the use of all Authorized persons of the PARTICIPANT (its BPA/BPS), Operators of the PARTICIPANT (its BPA/BPS).

22.2. Connection and operation of the PARTICIPANTS in EDMS

22.2.1. In order to set EDMS software provided by the OPERATOR, the subsequent implementation of TRANSFERS and other operations in the SYSTEM in accordance with the AGREEMENT and the present REGULATION, the PARTICIPANT must use only healthy and well-proven in the absence of viruses personal computer, on which is equipped a subscriber station of EDMS, with the following minimum requirements:

  • personal computer with the processor Pentium I or higher processor;
  • operating system Windows 2000 SP3, Windows XP SP2, Windows 7 or later versions;
  • not less than 1 GB of RAM;
  • not less than 1 GB of memory on the hard disk;
  • graphics adapter VGA or higher resolution;
  • Microsoft Mouse or compatible pointing device position;
  • printer supported by the operating system;
  • Subscriber station EDMS of the PARTICIPANT must have a stable connection to the Internet;
  • Web browser MS Internet Explorer version not below 8;
  • on the workstation must be installed updated on a regular basis (with the latest anti-virus database) anti-virus software.

22.2.2. The PARTICIPANT undertakes to ensure that the equipment of each subscriber point of EDMS in accordance with the specifications and the requirements of the particular software, as well as a reception, administration, withdrawal/transfer to an account, return, change of data of TRANSFERS in their Points of TRANSFERS receipt/pay out in strict accordance with these REGULATIONS.

22.2.3. For work in EDMS the PARTICIPANT appoints the responsible employees, who are Authorized persons of the PARTICIPANT and the Operators of the PARTICIPANT.

22.2.4. An authorized person of the PARTICIPANT and the Operators of the PARTICIPANT are granted the right of signing of electronic documents by ASP of the PARTICIPANT. Surname, name and patronymic (if any) and the data of the Authorized person of the PARTICIPANT shall be specified in the application for CUSTOMER service Point opening according to the SYSTEM LEADER, filled in according to the form of the OPERATOR.

22.2.5. The functions of an Authorized person of the PARTICIPANT:

  • signs electronic documents by ASP of the PARTICIPANT using its key;
  • monitors the expiration date of the keys, in a timely manner makes the necessary arrangements for the conduct of their scheduled or unscheduled replacement;
  • in conditions of strict confidentiality stores its keys of ASP, without delay informs the OPERATOR about the cases of control loss of keys, including their theft, unauthorized use or in the event of damage of automated systems, software, computer and data processing equipment, telecommunications equipment, systems of data processing, storage and protection of information;
  • participates in ASP verification under the consideration of conflict situations and disputes;
  • ensures the timely sending and receiving of ESID and other electronic records in EDMS;
  • carries out regular viewing of electronic documents received by EDMS;
  • produces keys (create accounts, confirms requests for certificates) of Operators of the PARTICIPANT;
  • enables/disables the work of Operators of the PARTICIPANT in EDMS, in SOFTWARE «LEADER» as a whole;
  • carries out connection/disconnection of Points of TRANSFERS receipt/pay out of the PARTICIPANT;
  • shall bring to the attention of the management of the PARTICIPANT information about the Payment System «LEADER».

22.2.6. The functions of the PARTICIPANT:

  • signs electronic documents by ASP using its key;
  • monitors the expiration date, in a timely manner makes the necessary arrangements for the conduct of their scheduled or unscheduled replacement;
  • ensures the timely dispatch and receipt of electronic, ESID and other electronic records in EDMS;
  • in conditions of strict confidentiality stores its keys and credentials, timely notifies the OPERATOR, the Authorized person of the PARTICIPANT of the cases of control loss of keys, including their theft, unauthorized use or the cases of damage of automated systems, software, computer and data processing equipment, telecommunications equipment, systems of data processing, storage and protection of information;
  • carries out regular viewing of electronic documents received via EDMS.

22.2.7. Installation of the subscriber's point of EDMS is implemented by the PARTICIPANT independently in accordance with this Procedure.

22.2.8. For the purpose of registration of the PARTICIPANT in EDMS and the transactions in the Payment System «LEADER» the PARTICIPANT shall send to the OPERATOR the following documents:

  • signed by the head of the PARTICIPANT and sealed by the PARTICIPANT power of attorney/power of attorneys on the Authorized person of the PARTICIPANT in the form of the OPERATOR on the right of signing of the Authorized person of the PARTICIPANT, sending to the OPERATOR, Operators of payment infrastructure services and receipt of EPD, ESID and other electronic documents via EDMS;
  • signed by the head of the PARTICIPANT and sealed by the PARTICIPANT the application for the provision of access to the Payment System «LEADER» of the Authorized persons of the PARTICIPANT.

22.2.9. When receiving by the OPERATOR of documents, specified in the subparagraph 22.2.8. of this Procedure, the OPERATOR makes a decision on registration or on refusal in registration of the PARTICIPANT in EDMS.

22.2.10. In the case of the adoption by the OPERATOR of the decision on registration of the PARTICIPANT in EDMS the OPERATOR creates an account of the Authorized person of the PARTICIPANT with a primary pre-installed password to log in the SOFTWARE «LEADER» and sends it to an Authorized person of the PARTICIPANT to the email address specified in the Questionnaire of the PARTICIPANT. Minimum password is the primary pre-installed, you have to change it in accordance with the procedure of the change of the password, specified in SOFTWARE «LEADER».

22.2.11. After installation by the PARTICIPANT of the subscriber's point of EDMS, change of password, and generation a key to the Authorized person of the PARTICIPANT, the PARTICIPANT signs the act of recognition of the public key for messaging in the form of the OPERATOR in 2 copies and sends it to the address of the OPERATOR.

22.2.12. On the date specified in the instrument of recognition of the public key for messaging, compiled in accordance with the subparagraph 22.2.11. of this Procedure, there arises the responsibility of the PARTICIPANT and the OPERATOR for the execution of all obligations arising from EPD, ESID and other electronic documents transmitted via EDMS. The subscriber station of EDMS is considered to be put into operation, and electronic documents circulating in EDMS, drawn up in accordance with the requirements of the REGULATIONS, have legal force.

22.2.13. On the date specified in the instrument of recognition of the public key for the exchange of messages, the Authorized person of the PARTICIPANT is entitled to sign and send to the OPERATOR EPD, ESID and other electronic records in EDMS, of legally binding documents on paper media. The PARTICIPANT shall acquire the rights, obligations and responsibility of all the documents, signed and sent to EDMS by an Authorized person of the PARTICIPANT, and also the Operator of the PARTICIPANT, including in the electronic form.

22.2.14. The PARTICIPANT undertakes to provide on request of the OPERATOR not later than 3 (three) working days from the moment of receipt of the request EPD, ESID and other electronic documents according to the AGREED MEANS of COMMUNICATION and, if necessary, give or send to the address of the OPERATOR properly drawn copies of electronic documents transferred to the OPERATOR via EDMS, in hard copy.

22.2.15. In case of termination of participation in the Payment System «LEADER», termination of the AGREEMENT of the PARTICIPANT with the OPERATOR all of the binaries and support files of the subscriber station of EDMS, as well as all confidential information which is not available, should be destroyed.

23.  PROCEDURE OF INTERACTION WITH PAYMENT SYSTEMS, THE LIST OF PAYMENT SYSTEMS

23.1. The OPERATOR may enter into agreements with other payment systems in order to interconnect interaction and expansion of the geography of CUSTOMER service. In the list of the payment systems with which the OPERATOR may enter into agreements, are included the payment systems, oriented to the specifications and standards implemented international money transfer systems and the relevant requirements of the committee on payment and settlement systems of the Bank for International Settlements and experts in the field of information and computer technologies of the Central Banks of the countries of «Group of ten (G-10)» to the construction of the international settlement systems. The order of interaction of the Payment System «LEADER» with other payment systems is determined by the relevant agreements.

23.2. On the date of entry into force of these REGULATIONS, the OPERATOR does not interact with other payment systems. At the conclusion of the relevant agreements of the OPERATOR of the Payment System «LEADER» with the operators of other payment systems, their participants and/or operators of payment infrastructure services about the interaction, the names of such payment systems are published on the official website of the System: www.leadermt.ru

24.  ORDER OF CHANGE OF THE REGULATIONS OF THE PAYMENT SYSTEM «LEADER»

24.1. These REGULATIONS, the individual parts of the REGULATIONS, the Addendums thereto, may in the future be changed and supplemented by the OPERATOR unilaterally, subject to the conditions provided for by this section.

24.2. When making the decision on the introduction of amendments or approval of new edition of the REGULATIONS by the OPERATOR, the OPERATOR shall notify the PARTICIPANTS of the alleged changes or the preparation of the OPERATOR of the new edition of the REGULATIONS by sending to the PARTICIPANTS the project of amendments or new version of the REGULATIONS on the AGREED MEANS of COMMUNICATION and/or otherwise, including by posting the draft amendments or new wording of the REGULATIONS on the official site of the Payment System «LEADER» www.leadermt.ru, with the purpose of preliminary review and sending to the PARTICIPANTS of the SYSTEM for their review on the proposed changes or new edition of the REGULATIONS in the term established by the OPERATOR, but not less than one month.

24.3. On the expiration of the term specified in p. 24.2. of this Chapter, the OPERATOR shall make changes in the REGULATIONS and determines the date of the amendments or new version of the REGULATIONS in force, which must not be earlier than one month after the expiration of the term specified in p. 24.2. of this Chapter. The date of entry into force of the amendments or new version of the REGULATIONS, the OPERATOR shall notify the PARTICIPANTS by placing the relevant information on the official website of the OPERATOR www.leadermt.ru and/or sends to the PARTICIPANTS the mentioned information on the AGREED MEANS of COMMUNICATION not less than 10 (ten) calendar days prior to their entry into force.

24.4. In case of disagreement with the proposed changes or new wording of the REGULATIONS, the PARTICIPANT not later than the date specified in p. 24.2. of this Chapter, shall send to the OPERATOR on the AGREED MEANS of COMMUNICATION the provisions of the amendments or new version of the REGULATIONS, with which it does not agree with the reasons of disagreement, as well as specific proposals of the PARTICIPANT to the wording of the provisions.

24.5. After receiving the proposals of the PARTICIPANT for changing the provisions of the new edition of the REGULATIONS the OPERATOR:

  • in the case of the agreement with the proposals of the PARTICIPANT, reflects the proposed by the PARTICIPANT changes in proposed changes of the OPERATOR or new edition of the REGULATIONS and shall transmit them again to the PARTICIPANTS for review in the procedure established by this Chapter;
  • in case of disagreement with the proposals of the PARTICIPANT, takes action on the settlement with the PARTICIPANT of the arisen disagreements.

24.6. In the case, if the PARTICIPANT not later than the date specified in p. 24.2. of this Chapter, did not send to the OPERATOR by the AGREED MEANS of COMMUNICATION provisions of the amendments or new version of the REGULATIONS, with which it does not agree with the reasons of disagreement, as well as specific proposals of the PARTICIPANT to the wording of the provisions, it is considered, that the PARTICIPANT accepted in a full volume the provisions of the amendments or new version of the REGULATIONS proposed by the OPERATOR.

24.7. The REGULATIONS, which entered into force, are posted on the official website of the OPERATOR www.leadermt.ru and are valid until the approval of the new edition or changes in the procedure established by the present Chapter in accordance with the legislation of the Russian Federation.

25.  PROCEDURE OF PRETRIAL SETTLEMENT OF DISPUTES WITH THE PARTICIPANTS AND THE OPERATORS OF THE PAYMENT INFRASTRUCTURE SERVICES

25.1. Disputes, arising in the process of activities in the framework of the Payment System «LEADER», shall be settled by negotiations between the parties, with the creation of the necessary expert Commission for the resolution of a dispute involving authorized representatives of all involved in a particular incident of the parties.

25.2. Disputable situation is:

25.2.1. when implementing transfers of funds with the use of EDMS - the presence of claims at one of the sides, connected with the implementation of the electronic document, signed by ASP of that party, as well as the challenge of authorship and/or the content of the electronic document signed by ASP of the other hand;

25.2.2. the occurrence of a disputable, non-standard or emergency situation, including upon the occurrence of events that caused the operating failures, incidents, connected with violation of the requirements for information protection during the transfer is carried out;

25.2.3. identification in the Payment System «LEADER» of the incidents connected with infringement of requirements to ensure the protection of information in TRANSFERS implementation;

25.2.4. other disputes, arising at work in the Payment System «LEADER».

25.3. In case of occurrence of disputes shall apply the procedure of coordination of the differences and/or consideration arising incidents, stipulated by the present section.

25.4. In case of violation of rights and legitimate interests of one of the parties, the burden of proof lies on the party that has declared the violation of its rights and legitimate interests.

25.5. In case of disputable situations the Conciliation Commission is created within a period not exceeding 30 (thirty) days from the moment of occurrence of disputed situations, unless otherwise stipulated by the REGULATIONS. Term of consideration of dispute Conciliation Commission may not exceed 15 (fifteen) days.

25.6. Powers of the members of the Conciliation Commission are confirmed by the powers of attorney. The President of the Conciliation Commission is not elected, the members of the Conciliation Commission shall have equal rights.

If the parties initiating the convening of the Conciliation Commission, agree otherwise, the composition of the Conciliation Commission consists of an equal number of representatives of each of those parties, but not less than one authorized representative and, if necessary, the authorized representatives of the following parties, if they are not specified by the parties: the PARTICIPANT (its BPA/BPS), the OPERATOR, the Operators of payment infrastructure services, the CERTIFYING CENTER.

25.7. The results of work of the Conciliation Commission are reflected in the Act, which shall be signed by all members of the Commission. The members of the Commission who do not agree with the conclusions of the majority shall sign the Act with the objections, which are attached to it. The Act shall be drawn up in such number of copies to each of the conflicting parties had the one true copy of the Act. At the request of a member of the Commission may be issued certified by the representatives of the parties a copy of the Act.

25.8. In case of evasion of any of the parties from the creation and participation in the work of the Conciliation Commission, the other party shall be entitled to hold a meeting of the Conciliation Commission with the participation of experts or appoint three independent experts to provide an opinion on a controversial topic.

25.9. The Act of the Conciliation Commission with the participation of experts, held without the participation of the missing party, the written opinion of the expert, shall be drawn up in such number of copies to each of the conflicting parties had a genuine copy.

25.10. The Act of the Conciliation Commission with the participation of experts, held without the participation of the missing party, the conclusion of the experts can be presented as evidence in the case of proceedings of dispute in judicial authorities.

25.11. The Act of the Conciliation Commission is the basis for claims against the guilty party and may be presented as evidence in the case of proceedings of dispute in judicial authorities.

25.12. The costs of the conciliation proceedings shall be borne upon the side, where the violation of its rights and legitimate interests, unless otherwise agreed by the parties - participants of the Conciliation Commission.

25.13. In the case of recognition of the requirements of the party, which declared about the violation of its rights and legitimate interests, such is the case, the guilty party shall be obliged, within 5 (five) working days from the day following the day of drawing up the Act of the Conciliation Commission or the opinion of the experts, if any, involved, to compensate the injured party losses in the form of real loss occurred in the result of unlawful acts, and the costs associated with the conduct of the conciliation procedure.

25.14. If in the order of conflict resolution the Conciliation Commission did not manage the agreement, the dispute shall be settled in the manner prescribed by the written agreement of the parties, which does not exclude the right of the OPERATOR in case of suspicion of fraud on the part of any PARTICIPANT to transfer the materials for consideration to the Arbitration court of the city of Moscow.

25.15. In case of disputes, connected with the implementation of the electronic document, signed by ASP, as well as in the contestation of authorship and/or the content of the electronic document, signed by ASP, the parties shall apply the following procedure of consideration of disputes, taking into account the conditions of this section of the REGULATIONS:

25.15.1. If one of the parties maintains that the document was signed by ASP, and the other does not recognize that ASP, in 30 day term by way of letters exchange, the parties create a Conciliation Commission.

25.15.2. On the initiative of any of the parties to the work of the Conciliation Commission to conduct the examination may include independent experts, including the developers of the means of cryptographic protection of the information and/or software system «International Money Transfers LEADER». The party, which attracts independent experts, independently decides on payment of expert services.

25.15.3. The parties are obliged to a 2-day period after the creation of the Conciliation Commission to provide the Conciliation Commission of the following materials:

  • The OPERATOR provides a controlled copy of the software, designed to test ASP, and uploads a controversial EPD, ESID or other electronic document from a software complex «International Money Transfers LEADER»;
  • statement on TRANSFER receipt/pay out of the sender and/or beneficiary, signed by the sender/beneficiary personally (if available);
  • certified by the PARTICIPANT a copy of the credit/expendable cash order (or any other cash documents) confirming TRANSFER receipt/pay out of the PARTICIPANT (if available);
  • an extract from the account of the PARTICIPANT in the SETTLEMENT CENTRE of cash flows for the period, during which arose precedent;
  • the OPERATOR provides the fingerprint of the public key, registered in the Payment System «LEADER», as a public key of the PARTICIPANT, questioning the authenticity of ASP;
  • the PARTICIPANT shall provide the Act of recognition of the public key of the PARTICIPANT in paper and/or the Act of recognition of the public key of the PARTICIPANT, certified by the Authorized person;

25.15.4. To check the authenticity of EPD, ESID and other electronic documents with the controversial ASP the Conciliation Commission shall perform the following actions:

  • compare the compliance of the fingerprint of a public key of a registered public key of the PARTICIPANT by comparing the text of the public key from the certificate of recognition of the public key for the exchange of messages and/or of the request for registration of public key, confirmed by ASP, the Authorized person of the PARTICIPANT with a copy of the registered public key of the PARTICIPANT in the software of the OPERATOR;
  • conduct a review of ASP under the control instance of EPD, ESID or other electronic document (mailed by the PARTICIPANT and the OPERATOR previously), ASP which is not disputed;
  • check the correctness of ASP under the controversial document, using the control instance of the program, intended to check ASP;
  • in the case if ASP checking has been completed successfully, the Conciliation Commission shall make an unambiguous conclusion about the authenticity of ASP under the aimed by the PARTICIPANT of EPD, ESID or other electronic document;
  • in case, if the PARTICIPANT insists that EPD, ESID or other electronic document they did not set out, the Conciliation Commission shall make an unequivocal conclusion of the compromise of the private key ASP of the PARTICIPANT, what was not previously reported to the OPERATOR; the PARTICIPANT shall be liable for data of EPD, ESID or other sent electronic document;
  • in case, if ASP check under the document gives a negative result, the Conciliation Commission shall make an unequivocal conclusion that ASP under EPD, ESID or other electronic document is not genuine, and the data of the electronic documents has not been sent by the PARTICIPANT via the SYSTEM.

25.15.5. The results of work of the Conciliation Commission are reflected in the Act, which is fixed that ASP is recognized as false or true depending on the results of the check. The Conciliation Commission makes a conclusion about the causes of a dispute and defines the guilty party.

25.16. In case of dispute, a non-standard or emergency circumstances, including upon the occurrence of events that caused the operating failures, incidents, connected with violation of the requirements for information protection in carrying out TRANSFERS the procedure established in section 20 of these REGULATIONS is applied, subject to the conditions specified in this section.

25.17. In case of occurrence of disputed situations as a result of identification in the Payment System «LEADER» of the incidents connected with violations of the requirements for information protection during the transfer is carried out, the PARTICIPANT and/or attracted by the OPERATOR of the Payment System «LEADER» the Operators of payment infrastructure services and the OPERATOR create a Conciliation Commission, in order to implement the activities aimed at the identification of the causes and circumstances of these incidents and elimination of their consequences within a period not later than 30 (thirty) calendar days from the moment of detection of such situations.

 

26.  TRADEMARKS OF THE PAYMENT SYSTEM «LEADER» AND THE REGULATIONS FOR THEIR USE

26.1. On request of the PARTICIPANT the OPERATOR provides the trademarks of the Payment System «LEADER» in the form of stickers, posters and other printing products in the supply of consumables, or the agreed upon plan of advertising campaign, as well as in electronic form in the required formats for use in its own advertising materials of the PARTICIPANT (its BPA/BPS).

26.2. The PARTICIPANT places trademarks and advertising (information) products in a conspicuous place in each of the Points of TRANSFERS receipt/pay out.

26.3. In order to obtain advertising (information products) the PARTICIPANT shall send to the postal address of the OPERATOR of the hard copy of the application for the provision of advertising production (in the form of the OPERATOR). Scanned analogue of the application for the provision of advertising products of the PARTICIPANT sends to the OPERATOR by e-mail to the email address marketing@leadermt.ru.

26.4. During receipt and processing of applications for the provision of advertising products of the PARTICIPANT the OPERATOR sends it to the postal address of the PARTICIPANT, specified in the Questionnaire of the PARTICIPANT, or gives to a courier of the PARTICIPANT the advertising (information) products in the quantity and scope specified in the application for advertising products. When receiving by the PARTICIPANT of the advertising (information) products the authorized employee of the PARTICIPANT informs the OPERATOR about their receipt by the appropriate message to the email address marketing@leadermt.ru.

26.5. The OPERATOR has the right to establish, amend and supplement the requirements to PARTICIPANTS of placing of trademarks and advertising production of the Payment System «LEADER».

26.6. The PARTICIPANT has no right to use the trademarks of the Payment System «LEADER» otherwise than for the purpose of promoting the services of the Payment System «LEADER», in strict accordance with the AGREEMENT and the present REGULATIONS.

26.7. The PARTICIPANT is obliged on demand of the OPERATOR to deliver on the AGREED MEANS of COMMUNICATION of the photo-reports of accommodation in Points of TRANSFERS receipt/pay out of advertising materials of the Payment System «LEADER» and/or advertising campaigns.

26.8. The PARTICIPANT undertakes to provide the OPERATOR for the approval of all the produced by themselves (or on its behalf) promotional materials, in which there is a link or mention the name or trademarks of the Payment System «LEADER».

26.9. The OPERATOR shall have the right to use the name and trademarks of the PARTICIPANT for the purpose of advertising and promoting the services of the Payment System «LEADER».

26.10. The OPERATOR provides the PARTICIPANT the samples of advertising materials for use by the companies to promote the services of the Payment System «LEADER».

26.11. After the termination of the activities in the Payment System «LEADER» for any reason whatsoever, the PARTICIPANT shall immediately cease any and all use of the trademarks of the Payment System «LEADER».

 

27.  FEATURES OF PAYMENT TERMINALS OPERATION OF THE PARTICIPANT IN THE PAYMENT SYSTEM «LEADER»

27.1. General provisions

27.1.1. If the PARTICIPANT has a relevant contractual relationship with the OPERATOR and the implementation of the requirements and conditions established by the present REGULATIONS, the PARTICIPANT shall have the right to carry out the transactions in the Payment System «LEADER» in Payment terminals of the PARTICIPANT (including its BPA/BPS).

27.2. Requirements of the OPERATOR to the Payment terminals of the PARTICIPANT (its BPA/BPS)

27.2.1. The OPERATOR places a number of requirements to packaging and configuration of payment terminals, connected to the Payment System «LEADER». In order to implement the TRANSFERS in the Payment System «LEADER» in Payment terminals of the PARTICIPANT or the person entering into the Payment System «LEADER» as a PARTICIPANT, shall have the right to request from the OPERATOR list of requirements to Payment terminals. The request is sent to the OPERATOR by e-mail at the following address: adm@leadermt.ru. The OPERATOR sends a list of requirements for Payment terminals, within 5 (Five) working days from the day of receipt of the request.

27.2.2. The OPERATOR also has the right to request from the PARTICIPANT or person who enters into the Payment System «LEADER» as a PARTICIPANT, information on the configuration and the configuration of Payment terminals, which the PARTICIPANT or individual who acts in the Payment System «LEADER» as a PARTICIPANT and plans to connect to the Payment System «LEADER». To clarify the information the OPERATOR can send professionals to the addresses of location of the Payment terminals of the PARTICIPANT (its BPA/BPS) or the person entering the Payment System «LEADER» as a PARTICIPANT.

27.2.3. According to the results of consideration of information on configuration and the configuration of Payment terminals, which PARTICIPANT (its BPA/BPS), or the person entering into the Payment System «LEADER» as a PARTICIPANT in the plan to connect to the Payment System «LEADER», the OPERATOR gives the conclusion about the possibility of connecting data of Payment terminals. The OPERATOR sends the conclusion of the PARTICIPANT or the person entering into the Payment System «LEADER» as a PARTICIPANT, by e-mail to the address specified in the request sent by the OPERATOR according to section 27.2.1 of these REGULATIONS.

27.2.4. When receiving the conclusion from the OPERATOR about the possibility of connection of Payment terminals to the Payment System «LEADER», the PARTICIPANT (its BPA/BPS) or person that is engaged in a Payment System «LEADER» as a PARTICIPANT, enters into an AGREEMENT and signs the necessary documents, acquiring the status of a PARTICIPANT. For connection of Payment terminals of the PARTICIPANT (its BPA/BPS) the PARTICIPANT carries out the actions provided by the present REGULATIONS.

 

27.3. Connectionprocedure of Payment terminals of the PARTICIPANT

(its BPA/BPS) to the Payment System «LEADER»

27.3.1. When receiving by the PARTICIPANT from the OPERATOR of the conclusion about the possibility of connection of payment terminals of the PARTICIPANT (its BPA/BPS) to the Payment System «LEADER» in the manner provided for in the subparagraph 27.2.3. of the REGULATIONS, the PARTICIPANT sends to the postal address of the OPERATOR of the hard copy of the power of attorney/attorneys on the right of signing, sending to the OPERATOR and receipt by the Authorized person of the PARTICIPANT of ESID in EDMS.

After receipt and acceptance for work by the OPERATOR of the power of attorney/attorneys of the PARTICIPANT, receipt from the PARTICIPANT of the signed application for the manufacture of access keys by the Authorized persons of the PARTICIPANT (in the form of the OPERATOR), the generation by the Authorized person of the PARTICIPANT of the corresponding key for ASP formation under EPD, ESID and other electronic documents in the Payment System «LEADER», and also after receiving by the OPERATOR signed by the PARTICIPANT the Act of recognition of the public key for the message exchange (in the form of the OPERATOR), the Authorised person of the PARTICIPANT fills in and signs a key for ASP formation and sends to the OPERATOR according to the AGREED MEANS of COMMUNICATION the following documents in the electronic form:

  • statement on the transfer to the PARTICIPANT of individual version of the terminal SOFTWARE «LEO» in the framework of the Payment System «LEADER» and the access to the maintenance menu (in the form of the OPERATOR);
  • application for access to the service «Personal Cabinet» for the Authorized person of the PARTICIPANT (its BPA/BPS) in the form of the OPERATOR.

Scanned analogues of specified in this subparagraph documents the PARTICIPANT sends to the OPERATOR by e-mail (only with the mailbox specified in the Questionnaire of the PARTICIPANT at the address: adm@leadermt.ru).

27.3.2. When receiving by the OPERATOR of documents of the PARTICIPANT, provided by pp. 27.3.1. of the REGULATIONS, the OPERATOR carries out the analysis of the data specified by the PARTICIPANT in the documents. In case if the PARTICIPANT of the documents contained incorrect and/or incomplete information, the OPERATOR shall inform the PARTICIPANT by e-mail to the mailbox of the PARTICIPANT of the reasons preventing the actions performance by the OPERATOR, specified in pp. 27.3.3. of the REGULATIONS for their elimination by the PARTICIPANT.

27.3.3. If the OPERATOR doesn’t have claims to the form and content of documents of the PARTICIPANT, specified in pp. 27.3.1. of the REGULATIONS, as well as with the elimination by the PARTICIPANT of OPERATOR’s claims to these documents, the OPERATOR carries out the following actions:

  • preparation of the individual version of the terminal SOFTWARE «LEO» in the framework of the SYSTEM for the transmission to the PARTICIPANT;
  • installation code generation of individual version of the terminal SOFTWARE «LEO» in the framework of the Payment System «LEADER» in Payment terminals of the PARTICIPANT (its BPA/BPS);
  • generation of codes and passwords to access by the Authorized persons of the PARTICIPANT (its BPA/BPS) the maintenance menu of the terminal SOFTWARE «LEO» in the framework of the Payment System «LEADER»;
  • registration of Payment terminals of the PARTICIPANT (including its BPA/BPS) in the SYSTEM;
  • introduction of the data on commissions in Payment terminals of the PARTICIPANT (including its BPA/BPS) to SOFTWARE «LEADER»;
  • generation of codes and passwords to access by the Authorized persons of the PARTICIPANT (its BPA/BPS) to the service «Personal Cabinet» of the Payment System «LEADER».

On the fact of actions implementation by the OPERATOR specified in this subparagraph, the OPERATOR shall inform the PARTICIPANT by e-mail to the mailbox of the PARTICIPANT about the readiness of the transfer to the PARTICIPANT of the terminal SOFTWARE «LEO» in the framework of the Payment System «LEADER» in the act of acceptance-delivery. The PARTICIPANT and the OPERATOR shall agree on the date of transfer to the PARTICIPANT of the terminal SOFTWARE «LEO» in the framework of the Payment System «LEADER».

27.3.4. The OPERATOR transmits to the Authorized person of the PARTICIPANT (its BPA/BPS) on an electronic carrier terminal SOFTWARE «LEO» in the framework of the Payment System «LEADER», codes and passwords for the access by the Authorized person of the PARTICIPANT (its BPA/BPS) to the maintenance menu of the terminal SOFTWARE «LEO» in the framework of the Payment System «LEADER» and to the service «Personal Cabinet». The Authorized person of the PARTICIPANT (its BPA/BPS) not later than 3 (three) working days from the date of receipt of the materials described in this paragraph, fill, sign a key for ASP formation and sends the OPERATOR according to the AGREED MEANS of COMMUNICATION the Act of acceptance of the terminal software «LEO» in the framework of the Payment System «LEADER» (in the form of the OPERATOR).

27.3.5. The date of putting in operation of the transferred terminal software «LEO» to the PARTICIPANT in the framework of the Payment System «LEADER» is the date of the PARTICIPANT’s (its BPA/BPS) first TRANSFER in the Payment System «LEADER» with the use of Payment terminals of the PARTICIPANT (its BPA/BPS).

27.4. Connection procedure of new Payment terminals of the PARTICIPANT

(its BPA/BPS) to the Payment System «LEADER»

27.4.1. In order to connect new Payment terminals of the PARTICIPANT (its BPA/BPS) to the Payment System «LEADER», the PARTICIPANT sends to the OPERATOR by e-mail using the following address: adm@leadermt.ru the information about the configuration of new Payment terminals, which the PARTICIPANT plans to connect to the Payment System «LEADER».

27.4.2. The OPERATOR shall review the information that was sent from the PARTICIPANT, and in the manner provided for in the subparagraph 27.2.3. of the REGULATIONS, gives the conclusion about an opportunity of connection of new Payment terminals to the Payment System «LEADER».

27.4.3. When receiving by the PARTICIPANT from the OPERATOR in the manner provided for in the subparagraph 27.4.2. of the REGULATIONS, of the conclusion about the possibility of connection of new Payment terminals to the Payment System «LEADER», the OPERATOR performs the following actions:

  • registration of new Payment terminals of the PARTICIPANT (its BPA/BPS)
  • in the Payment System «LEADER»;
  • introduction to the SYSTEM of the data on commissions in Payment terminals of the PARTICIPANT (its BPA/BPS).

New Payment terminal/new Payment terminals of the PARTICIPANT (its BPA/BPS) are connected to the Payment System «LEADER» not later than 10 (ten) working days from the date of their registration in the Payment System «LEADER» on the implementation of all procedures described in these REGULATIONS by the PARTICIPANT.

 

27.5. Disconnection procedure of the Payment terminal of the PARTICIPANT

(its BPA/BPS) from the Payment System «LEADER»

27.5.1. In order to disconnect Payment terminal/terminals of the PARTICIPANT (its BPA/BPS) from the Payment System «LEADER», the Authorized person of the PARTICIPANT (its BPA/BPS) fills in and signs by its key for ASP formation and sends to the OPERATOR according to the AGREED MEANS of COMMUNICATION the application for disconnection of Payment terminals from Payment System «LEADER» (in the form of the OPERATOR).

Scanned analogue of the application the PARTICIPANT sends to the OPERATOR by e-mail (only from the mailbox specified in the Questionnaire of the PARTICIPANT) to the address: adm@leadermt.ru

27.5.2. When receiving by the OPERATOR of the application for registration of Payment terminals in the Payment System «LEADER», the OPERATOR carries out the analysis of the information specified in it by the PARTICIPANT. In case, if the application contains incorrect and/or incomplete information, the OPERATOR shall inform the PARTICIPANT by e-mail to the mailbox of the PARTICIPANT of the reasons preventing the performance by the OPERATOR of actions, specified in the subparagraph 27.5.3. of these REGULATIONS, for their elimination by the PARTICIPANT.

27.5.3. In the absence of claims to the form and contents of the application of the PARTICIPANT, specified in the subparagraph 27.5.1. of these REGULATIONS, as well as the elimination by the PARTICIPANT of claims of the OPERATOR to the form and content of the application of the PARTICIPANT, the OPERATOR disconnects the Payment terminals of the PARTICIPANT (its BPA/BPS) from the Payment System «LEADER».

27.6. Order of data change submitted by the PARTICIPANT to the OPERATOR for the purposes of TRANSFERS implementation via Payment terminals

27.6.1. If it’s necessary to make changes in the data that was previously sent by the PARTICIPANT to the OPERATOR for the purposes of TRANSFERS implementation via Payment terminals of the PARTICIPANT (its BPA/BPS), the Authorized person of the PARTICIPANT (its BPA/BPS) for the 15 (fifteen) working days before the intended date of entry of such changes into effect fills in and signs by its key for ASP formation and sends to the OPERATOR according to the AGREED MEANS of COMMUNICATION the relevant documents provided by the subparagraph 27.3.1. of these REGULATIONS, with the modified data.

Scanned analogues of these documents the PARTICIPANT sends to the OPERATOR by e-mail (only with the mailbox specified in the Questionnaire of the PARTICIPANT) to the address: adm@leadermt.ru

27.6.2. When receiving by the OPERATOR of documents of the PARTICIPANT, provided by the subparagraph 27.6.1. of these REGULATIONS, the OPERATOR carries out the analysis of the information. In case if in the documents of the PARTICIPANT incorrect and/or incomplete information is contained, the OPERATOR shall inform the PARTICIPANT by e-mail to the mailbox of the PARTICIPANT of the reasons preventing the introduction of appropriate changes in the data that was previously sent by the PARTICIPANT to the OPERATOR for the purposes of TRANSFERS implementation via Payment terminals of the PARTICIPANT (its BPA/BPS), to resolve them by the PARTICIPANT.

27.6.3. In the absence of OPERATOR claims to the form and content of documents of the PARTICIPANT submitted by the PARTICIPANT in accordance with the subparagraph 27.6.1. of these REGULATIONS, as well as with the elimination by the PARTICIPANT of OPERATOR claims to these documents, the OPERATOR shall accept for execution the documents submitted by the PARTICIPANT and making appropriate changes in the data that was previously sent by the PARTICIPANT to the OPERATOR for the purposes of TRANSFERS implementation via Payment terminals of the PARTICIPANT (its BPA/BPS). On the introduction of these changes, the OPERATOR shall inform the PARTICIPANT by e-mail to the mailbox of the PARTICIPANT.

28.  FEATURES OF TRANSFERS IMPLEMENTATION WITH THE USE OF CLIENT CARD OF THE PAYMENT SYSTEM «LEADER»

28.1. General provisions

28.1.1. On the grounds of art. 7.2. of the Federal law from 07.08.2001 № 115-FZ «On combating legalization (laundering) of the incomes received by criminal way, and terrorism financing» (hereinafter the Law № 115-FZ) the PARTICIPANT shall have the right to carry out TRANSFER in the Russian Federation without the identification of the CLIENT - physical person, who is the sender of the TRANSFER, if the amount of such TRANSFER does not exceed 15 000 (fifteen thousand) rubles, or the amount in foreign currency, equivalent to 15 000 (fifteen thousand) rubles (except for the case when the PARTICIPANT has the suspicions that the TRANSFER is carried out for the purpose of legalization (laundering) of incomes obtained by a criminal way or terrorism financing).

28.1.2. The TRANSFERS in the Points of TRANSFERS reception-pay out and Payment terminals of the PARTICIPANTS (its BPA/BPS) may be exercised by the CLIENT - a physical person who is the sender of the TRANSFER, with the use of the Client Card of the PAYMENT SYSTEM «LEADER». When you send the TRANSFER with the use of the Client Card of the PAYMENT SYSTEM «LEADER» the following restrictions apply: TRANSFER amount when you send it using the Payment terminal of the PARTICIPANT (its BPA/BPS), in case if an employee of the PARTICIPANT (its BPA/BPS) does not carry out the identity of the CUSTOMER in the order, stipulated by the Law № 115-FZ and the Regulation of the Bank of Russia from 09.08.2004 № 262-P «On identification of clients and beneficiaries by credit institutions for the purpose of counteracting legalization (laundering) of the incomes received by criminal way, and terrorism financing» (hereinafter - the Resolution # 262-P), shall not exceed 15 000 (fifteen thousand) rubles, and other restrictions, established by these REGULATIONS.

28.1.3. Client Card of the PAYMENT SYSTEM «LEADER» (Client Card, Card) - is a media that is used by the CLIENT - sender (a natural person) in the Points of TRANSFERS reception-pay out and Payment terminals of PARTICIPANTS (its BPA/BPS) for a bunch of data about the sender of the TRANSFER with the potential beneficiaries of the TRANSFER. The card is not a payment card, the means of payment and TRANSFER implementation.

28.1.4. Client Card of the PAYMENT SYSTEM «LEADER» can be presented in the following forms:

  • Card on a material carrier with its requisites;
  • Electronic CLIENT CARD of the PAYMENT SYSTEM «LEADER», which has no material carrier that is formed in the Payment System «LEADER» in order to implement multiple TRANSFERS;
  • Card in electronic form, which doesn’t have material carrier and which is formed in the Payment System «LEADER» in order to implement one TRANSFER.

28.1.5. Electronic CLIENT CARD of the PAYMENT SYSTEM «LEADER» allows the PARTICIPANT (with participation of its BPA/BPS) to send a TRANSFER without the identification of the CLIENT in the amount of not more than 15 000 rubles or in an amount in a foreign currency, equivalent to 15 000 rubles, except for the case if the workers of the PARTICIPANT (its BPA/BPS) have a suspicion that the transfer is carried out for the purpose of legalization (laundering) of received by criminal way or terrorism financing.

Card in electronic form allows the PARTICIPANT (with participation of its BPA/BPS) to send a TRANSFER with the implementation of identification of the CUSTOMER in accordance with the legislation of the Russian Federation in the amount of more than 15 000 rubles or in an amount in a foreign currency, the equivalent amount of more than 15 000 rubles.

28.1.6. The Card holder can be a natural person who has reached 16 years of age and corresponding to the requirements established by these REGULATIONS.

28.1.7. The originals of the statements referred to in paragraph 28.3.-28.6. of these REGULATIONS, shall be kept by the PARTICIPANT within 5 (five) years after the termination of relations with the Card Holder.

28.2. Procedure of receipt of PAYMENT SYSTEM «LEADER» CLIENT CARD on a material carrier by the PARTICIPANT

28.2.1. In order to obtain Client Cards of the PAYMENT SYSTEM «LEADER» on a material carrier for subsequent transmission to the CUSTOMERS - senders of TRANSFERS, the PARTICIPANT sends to the email address of OPERATOR marketing@leadermt.ru (only from mailbox of the PARTICIPANT, specified in the Questionnaire of the PARTICIPANT) scanned application for the provision of advertising production (in the form of the OPERATOR (hereinafter - «the Application»).

28.2.2. Once the Application of the PARTICIPANT is received and processed the OPERATOR sends it to the postal address of the PARTICIPANT, specified in the Questionnaire of the PARTICIPANT, or gives it to the courier of the PARTICIPANT, Client Cards of the PAYMENT SYSTEM «LEADER» and advertising (information) products in the quantity and scope specified in the Application. When receiving by the PARTICIPANT of the Client Cards of the PAYMENT SYSTEM «LEADER» and advertising (information) products, the authorized person of the PARTICIPANT informs the OPERATOR about their receipt by an appropriate message to the email address marketing@leadermt.ru. From the mailbox of the PARTICIPANT, specified in the Questionnaire of the PARTICIPANT.

28.2.3. When receiving Client Cards of the PAYMENT SYSTEM «LEADER» the PARTICIPANT carries out their transfer to individuals, as well as places advertising (information) products at Points of TRANSFERS reception-pay out and Payment terminals, ATMs (when the PARTICIPANT (its BPA/BPS) carry out TRANSFERS with their usage) in the order, stipulated by the present REGULATIONS.

28.2.4. Trademarks of the PARTICIPANT can be marked on the Client Cards of the PAYMENT SYSTEM «LEADER» on a material carrier. The production order of such Cards and their transfer to the CUSTOMERS - senders of TRANSFER is regulated by a separate agreement of the OPERATOR and the PARTICIPANT.

28.3. Procedure of issuance of PAYMENT SYSTEM «LEADER» CLIENT CARDS on a material carrier to the individuals

28.3.1. When physical person refers to the Operator of the PARTICIPANT for the issuance of Client Cards of the PAYMENT SYSTEM «LEADER» on a material carrier the Operator of the PARTICIPANT before entering into the SYSTEM the data of a physical person asks the physical person information and documents, stipulated by the REGULATIONS for the purposes of CLIENT identification. With the introduction by the Operator of the PARTICIPANT in the Payment System «LEADER» of the data of the physical person, who has applied for the issuance of Client Card of the PAYMENT SYSTEM «LEADER» on a material medium, and data of CLIENTS - physical persons who are TRANSFERS beneficiaries, the Operator of the PARTICIPANT carry out the check of obtained data in compliance with the List of organizations and natural persons in respect of whom there are data on their participation in extremist activities, as well as for compliance with the information on lost and invalid passports, on the passports of deceased individuals, on lost and stolen blank passports.

In case of coincidence detection of the data of the physical person, who has applied for the issuance of Client Card of the PAYMENT SYSTEM «LEADER» on a material media with the data contained in the List of organizations and physical persons in respect of whom there are data on their participation in extremist activities, as well as with information on lost and invalid passports, on the passports of deceased individuals, on lost and stolen blank passports, the Operator of the PARTICIPANT refuses to an individual in issuing the Client Card of the SYSTEM «LEADER» on a material carrier, without the explanation of reasons and acts in accordance with the requirements of the legislation and the Rules of internal control of AML/TF of the PARTICIPANT.

In case of coincidence detection of the data of CLIENTS - physical persons who are TRANSFERS beneficiaries, with the data contained in the List of organizations and physical persons in respect of whom there are data on their participation in extremist activities, as well as with information on lost and invalid passports, on the passports of deceased individuals, on lost and stolen blank passports, SOFTWARE «LEADER» does not permit the Operator of the PARTICIPANT to save data of such CUSTOMER in the Payment System «LEADER». In this case, the Operator of the PARTICIPANT acts in accordance with the requirements of the legislation and the Rules of internal control of AML/TF of the PARTICIPANT.

28.3.2. Upon completion of the actions specified in the subparagraph 28.3.1. of these REGULATIONS, and after saving in SOFTWARE «LEADER» of the data specified by physical person, the Operator of the PARTICIPANT prints two copies of the application for registration/modification of the Client Card Holder of the PAYMENT SYSTEM «LEADER» (in the form of the OPERATOR), including the Regulations and conditions of use of the Client Card of the PAYMENT SYSTEM «LEADER», and submits it for review and signature of the individual. One copy of the application for issuing/modification of the Client Card Holder of the PAYMENT SYSTEM «LEADER», signed by the physical person, remains at the Operator of the PARTICIPANT, and the second is given to the physical person.

28.3.3. Upon completion of the actions specified in the subparagraph 28.3.2. of these REGULATIONS, the Operator of the PARTICIPANT shall grant to an individual who has applied for the issuance of Client Card of the PAYMENT SYSTEM «LEADER», the Card on a material carrier, on which the number is assigned by the Payment System «LEADER». Upon receipt of the Client Card of the PAYMENT SYSTEM «LEADER» on a material carrier from the Operator of the PARTICIPANT in the procedure stipulated by these REGULATIONS, an individual acquires the status of the Card Holder and shall have the right to use it for the purposes of TRANSFERS implementation in CUSTOMER service Points in LEADER SYSTEM and Payment terminals of PARTICIPANTS/(including with the involvement of their BPA/BPS).

28.4. Procedure of registration of ELECTRONIC CLIENT CARDS of the PAYMENT SYSTEM «LEADER» and the Cards in electronic form for the individuals

by the PARTICIPANT

28.4.1. When physical person refers to the Operator of the PARTICIPANT with the purpose of obtaining of Electronic CLIENT CARD of the PAYMENT SYSTEM «LEADER» or the Card in the electronic form the Operator of the PARTICIPANT carries out the actions provided by the subparagraphs 28.3.1.-28.3.2. of these REGULATIONS, and after their implementation prepares an individual depending on the expression of its will the Electronic CARD of the PAYMENT SYSTEM «LEADER» or the Card in electronic form. When registering the Card in electronic form or Electronic CLIENT CARD of the PAYMENT SYSTEM «LEADER» by the Operator of the PARTICIPANT in the procedure stipulated by these REGULATIONS, a person acquires the status of the Card Holder and shall have the right to use it for the purposes of TRANSFERS implementation in Points of CUSTOMER service Points in «LEADER» SYSTEM and Payment terminals of the PARTICIPANTS (its BPA/BPS).

28.4.2. When registering the Electronic CLIENT CARD of the PAYMENT SYSTEM «LEADER» or the Card in the electronic form the Operator of the PARTICIPANT shall inform the Card Holder about its Card number in electronic form, which is assigned by the Payment System «LEADER» or the CLIENT, and brings to its attention the following information:

  • with the use of Electronic CLIENT CARD of the PAYMENT SYSTEM «LEADER», TRANSFERS can be sent with usage of Payment terminal of the PARTICIPANT (its BPA/BPS), provided that the amount of one TRANSFER is not more than 15 000 (fifteen thousand) rubles or in the amount of foreign currency equivalent to the amount of not more than 15 000 (fifteen thousand) rubles;
  • using one Card in electronic form, only one TRANSFER can be sent with the use of Payment terminal of the PARTICIPANT (its BPA/BPS) in the amount of more than 15 000 (fifteen thousand) rubles or in the amount of foreign currency equivalent to the amount of more than 15 000 (fifteen thousand) rubles if the employee of the PARTICIPANT (its BPA/BPS) implemented identification of the CUSTOMER in the order, stipulated by the Law № 115-FZ and the Regulation № 262-P;
  • once the Card Holder sent one TRANSFER with the use of the Card in electronic form, it shall be automatically cancelled in the Payment System «LEADER»;
  • if the Card Holder has not made a TRANSFER using the Card in electronic form until 23.59.59 Moscow time on the day of its registration for the Card Holder, it shall be automatically cancelled in the Payment System «LEADER»;
  • in order to send TRANSFER in Payment terminal of the PARTICIPANT (its BPA/BPS), the Card Holder needs to enter the number of the Card in electronic form or Electronic CLIENT CARD of the PAYMENT SYSTEM «LEADER» and follow the instructions indicated in the Payment terminal when sending a TRANSFER.

28.5. Procedure of changes introduction in the information specified by the CARD Holder

28.5.1. When the Card Holder refers to the PARTICIPANT with the purpose of information correction, previously specified by the Card Holder and included in SOFTWARE «LEADER» when issuing the Client Card of the PAYMENT SYSTEM «LEADER», the Operator of the PARTICIPANT before introduction in SOFTWARE «LEADER» of data change of the Card Holder, requests the Card Holder for the purposes of identification the information and documents, provided for by the Regulation № 262-P and the present REGULATIONS.

28.5.2. If changes to be made in SOFTWARE «LEADER», relate to the information of the Card Holder, the Operator of the PARTICIPANT carries out a check of the received data about the Card Holder for compliance with the List of organizations and physical persons in respect of whom there are data on their participation in extremist activities, as well as for compliance with the information on lost and invalid passports, on the passports of deceased individuals, on lost and stolen blank passports.

In case of coincidence detection of the data about the Card Holder, which need to be made in SOFTWARE «LEADER», with the data contained in the List of organizations and natural persons in respect of whom there are data on their participation in extremist activities, as well as with information on lost and invalid passports, on the passports of deceased individuals, on lost and stolen blank passports, the Operator of the PARTICIPANT cancels in SOFTWARE «LEADER» the Client Card of the PAYMENT SYSTEM «LEADER», previously granted to the Card Holder, not explaining the reasons for the cancellation to the Card Holder, and operates in accordance with the requirements of the Law № 115-FZ, Regulations № 262-P and the Rules of internal control of AML/ FT of the PARTICCIPANT.

28.5.3. If changes to be made in SOFTWARE «LEADER», relate to the data of the CLIENTS - physical persons who are TRANSFERS beneficiaries, the Operator of the PARTICIPANT carries out a check of the received data of these persons in compliance with the List of organizations and natural persons in respect of whom there are data on their participation in extremist activities, as well as for compliance with the information on lost and invalid passports, on the passports of deceased individuals, on lost and stolen blank passports.

In case of coincidence detection of the data of the CLIENTS - physical persons who are TRANSFERS beneficiaries, which need to be made in SOFTWARE «LEADER», with the data contained in the List of organizations and physical persons in respect of whom there are data on their participation in extremist activities, as well as with information on lost and invalid passports, on the passports of deceased individuals, on lost and stolen blank passports, SOFTWARE «LEADER» does not permit the Operator of the PARTICIPANT to save the data of such CUSTOMERS in SOFTWARE «LEADER». In this case, the Operator of the PARTICIPANT acts in accordance with the requirements of the Law № 115-FZ, Regulations № 262-P and the Rules of internal control of AML/ FT of the PARTICIPANT.

28.5.4. Upon completion of the actions specified in the subparagraphs 28.5.1.-28.5.3. of these REGULATIONS, and after saving the data, specified by the Card Holder in SOFTWARE «LEADER», the Operator of the PARTICIPANT prints two copies of the application for registration/modification by the Card Holder of the PAYMENT SYSTEM «LEADER» (in the form of the OPERATOR), and passes it for review and signature to the Card Holder. One copy of the application for issuing/modification of the Card Holder of the PAYMENT SYSTEM «LEADER», signed by the Card Holder, remains at the Operator of the PARTICIPANT, the second - is transferred to the Card Holder.

 

28.6.Order of blocking/cancellation/unblocking of the CLIENT CARD of the PAYMENT SYSTEM «LEADER» by the PARTICIPANT

28.6.1. In cases of loss, theft, mechanical damage of the CLIENT Card of the PAYMENT SYSTEM «LEADER» on a material medium and in other cases it may be blocked by the OPERATOR or PARTICIPANT.

28.6.2. When Card Holder refers to the PARTICIPANT on the phone about the need to block or cancel in the Payment System «LEADER» of its CLIENT Card of the PAYMENT SYSTEM «LEADER», depending on the will of the Card Holder it should be immediately blocked or cancelled in SOFTWARE «LEADER». For its blocking or cancellation the Card Holder must inform the Operator of the PARTICIPANT the number of the CLIENT Card of the PAYMENT SYSTEM «LEADER» (if possible), which must be blocked or canceled in SOFTWARE «LEADER», and also the date of birth of the Card Holder and/or other data specified by the Card Holder in the application for registration/modification of the Card Holder of the PAYMENT SYSTEM «LEADER». The Operator of the PARTICIPANT shall inform the Card Holder about the need to give at the Point of TRANSFERS receipt/pay out a written application to block/unblock/cancel the CLIENT Card of the SYSTEM «LEADER» (in the form of the OPERATOR) not later than 10 (ten) working days from the date of the communication by telephone on suspension or cancellation of the Card.

28.6.3. If the Card Holder didn’t report the PARTICIPANT on the phone about the need to block or cancel the CLIENT Card of the PAYMENT SYSTEM «LEADER», it is blocked or canceled when submitting the Card Holder statements on blocking/unblocking/cancellation of CLIENT Card of the PAYMENT SYSTEM «LEADER» in the Points of TRANSFERS receipt/pay out. Card is blocked or cancelled by the PARTICIPANT in SOFTWARE «LEADER» on the day of application delivery by the Card Holder. This Application is filled in the Points of TRANSFERS receipt/pay out in 1 (one) copy. The operator of the PARTICIPANT receives from the Card Holder completed application, identifies the person on the basis of the document proving the identity, shall verify the correctness and completeness of the required information when filling in the application, then blocks or cancels the CLIENT Card of the PAYMENT SYSTEM «LEADER» in SOFTWARE «LEADER».

28.6.4. From the moment of blocking in SOFTWARE «LEADER» of the CLIENT Card of the PAYMENT SYSTEM «LEADER» the Card Holder is not able to send REMITTANCES through the Payment System «LEADER» with it. To unblock the CLIENT Card of the PAYMENT SYSTEM «LEADER» the Card Holder must submit an application for blocking/unblocking/cancellation of CLIENT Card of the PAYMENT SYSTEM «LEADER» (in the form of the OPERATOR), fill in the appropriate fields in the Points of TRANSFERS receipt/pay out. In order to unblock the CLIENT Card in the SYSTEM «LEADER», the Operator of the PARTICIPANT requests the Card Holder to reconcile the information and documents specified in the subparagraph 28.3.1. of these REGULATIONS. The operator of the PARTICIPANT conducts a review of obtained data in compliance with the List of organizations and natural persons in respect of whom there are data on their participation in extremist activities, as well as for compliance with the information on lost and invalid passports, on the passports of deceased individuals, on lost and stolen blank passports. In the absence of matching the Operator of the PARTICIPANT unblocks in SOFTWARE «LEADER» of the CLIENT Card of PAYMENT SYSTEM «LEADER» and from the time of its release the Card Holder has the right to send money TRANSFERS with its using.

In case of coincidence detection of the data of the Card holder which applied for unlocking the CLIENT Card of the PAYMENT SYSTEM «LEADER», with the data contained in the List of organizations and physical persons in respect of whom there are data on their participation in extremist activities, as well as with information on lost and invalid passports, on the passports of deceased individuals, on lost and stolen blank passports, the Operator of the PARTICIPANT cancels in SOFTWARE «LEADER» blocked CLIENT Card of the PAYMENT SYSTEM «LEADER» on a material carrier, previously issued to the Card Holder, without explanation of the reasons for its cancellation to the Card Holder and acts in accordance with the requirements of the Law № 115-FZ, Regulations № 262-P and the Rules of internal control of AML/FT of the PARTICIPANT.

28.6.5. From the moment of cancellation in SOFTWARE «LEADER» of the CLIENT Card of the PAYMENT SYSTEM «LEADER» the Card Holder is not able to send TRANSFERS with its using. Obtaining a new CLIENT Card of the PAYMENT SYSTEM «LEADER» is produced according to the procedure specified in paragraph 28.3. of these REGULATIONS.

29.  REGULATIONS OF THE CONTROL OF THE PAYMENT SYSTEM «LEADER» IN THE SPHERE OF COUNTERACTION TO LEGALIZATION (LAUNDERING) OF INCOMES, RECEIVED BY CRIMINAL WAY AND FINANCING OF TERRORISM

29.1. General provisions

29.1.1. This section of the REGULATIONS regulates the standard rules, procedures of monitoring and recommendations on maintenance of reliability and safety of the information of the economic security on TRANSFERS.

29.1.2. The PARTICIPANTS (its BPA/BPS), the OPERATOR, the Operators of payment infrastructure services and the CLIENTS are required to comply with the current legislation of the country of registration and location, including the legislation in the sphere of counteraction to legalization (laundering) of incomes, obtained by criminal way and financing of terrorism.

29.1.3 In this section of the REGULATIONS the general requirements of the OPERATOR on the observance of the norms of the current legislation in the field of counteraction to legalization (laundering) of the incomes received by criminal way, and financing of terrorism are defined in TRANSFERS implementation via the Payment System «LEADER».

29.1.4. This section of the REGULATIONS corresponds to the following international documents and legislative acts (hereinafter the international requirements):

  • Recommendations of The Financial Action Task Force on Money Laundering (FATF);
  • Recommendations of the Basel Committee on banking supervision;
  • UN Convention «On the suppression of illegal transportation of drugs and psychotropic  substances, 1988»;
  • The international Convention for the suppression of the financing of terrorism, 1999;
  • UN resolutions relating to the prevention and suppression of the financing of terrorism, in particular, the resolutions of the UN Security Council, 1973;
  • The recommendations of the group of senior experts on transnational organized crime of the meeting of Ministers of the «group of eight» (Paris, April 12, 1996.);
  • The Council of Europe Convention «On «laundering», investigations and confiscation of proceeds of crime» of 1990;
  • Other documents and normative acts.

29.1.5. Having entered into a partnership with the OPERATOR, all PARTICIPANTS shall adopt policies and procedures of the OPERATOR defined in this section of the REGULATIONS, if this does not contradict the legislation of the country of registration and location of the PARTICIPANT.

29.1.6. In order to counteract the legalization (laundering) of incomes, received by criminal way and financing of terrorism in TRANSFERS implementation via the Payment System «LEADER», the OPERATOR requires compliance with the following standards:

  • obligatory presence of the responsible employee for counteraction of legalization (laundering) of the income received by criminal way and financing of terrorism;
  • obligatory presence of the approved program, including activities to identify operations to prevent illegal use of the SYSTEM and control of compliance with the requirements of the current legislation;
  • obligatory availability of the program of personnel training;
  • obligatory availability of the program of documentary fixation and storage of information.

29.1.7. The provisions of this section of the REGULATIONS should be used in the work by:

  • responsible employee for prevention of legalization (laundering) of the incomes received by criminal way, and financing of terrorism;
  • Operators of the PARTICIPANT/the Authorized persons of the PARTICIPANT;
  • other persons, responsible for implementation of measures in the field of AML/FT.

29.2. Compliance with control rules of AML/FT at the introduction of the PARTICIPANTS in the Payment System «LEADER»

29.2.1. Connection of the PARTICIPANTS to the Payment System «LEADER» is carried out in accordance with the AGREEMENT and REGULATIONS, in compliance with all conditions and requirements set by the REGULATIONS and AGREEMENT.

29.2.2. The OPERATOR does not establish relations with the countries and territories, of which from international sources it is known that they do not comply with international standards on combating legalization (laundering) of the incomes received by criminal way, and financing of terrorism.

29.2.3. The OPERATOR does not enter into AGREEMENTS and other contracts with organizations which do not have on the territory of the states in which they are registered permanent bodies of management.

29.2.4. When signing the AGREEMENT or some other contracts, the PARTICIPANT is obliged to inform the OPERATOR in writing about the measures taken by them in the sphere of counteraction to legalization (laundering) of the incomes received by criminal way, and financing of terrorism.

29.2.5. The PARTICIPANT is responsible for providing the OPERATOR with updated information in the event of any changes in the data of the PARTICIPANT, and also the changes of the laws of the state of registration and location of the PARTICIPANT.

29.3. General rules

29.3.1. The PARTICIPANTS and their employees, the persons representing their interests, should adhere to the following rules:

  • perform each operation only being sure that it pursues a legitimate aim and is not connected with CLIENT’s performance of business and investment activity;
  • comply with the legislation of the countries involved in the operation;
  • refuse to conduct any transactions with respect to which there is suspicion of involvement in the unlawful actions;
  • disclose information about the CLIENT in the required amount;
  • send to the authorized state body reports in identifying operations connected with legalization (laundering) of incomes, received by criminal way, and financing of terrorist activities;
  • not to register the knowingly false data of the CUSTOMER;
  • not falsify accounts and accompanying documents;
  • not to disclose the information on CLIENTS and their transactions in the Payment System «LEADER»;
  • not to use CUSTOMER information for purposes other than TRANSFERS implementation;
  • not to inform the CLIENTS and other persons about the measures taken in the sphere of counteraction to legalization (laundering) of the incomes received by criminal way, and terrorism financing;
  • store information about the CLIENTS and transactions in accordance with the standards of safety not less than 5 years from the date of CLIENT’s transaction;
  • permit to work in the software complex of the Payment System «LEADER» employees only, having passed the training on AML/FT and thoroughly acquainted with these REGULATIONS.

29.4. General requirements for CLIENT identification

29.4.1. In order to prevent operations related to the legalization of incomes, received by criminal way and financing of terrorism, the PARTICIPANT is obliged to observe the requirements regarding the identification of CLIENTS and conduct the identification of the CLIENT in the order, established by the legislation of the country of registration and location of the PARTICIPANT and the REGULATIONS. 

The identification procedures are regulated by the legislation of the country of registration and location of the PARTICIPANT, however, in the event of discrepancies between the national legislation with the requirements of international standards, or restricting the international requirements, the priority requirements for CLIENT identification are international standards.

29.4.2. Each employee of the PARTICIPANT, working with the CLIENT is obliged to know about the requirements for the identification, established by the legislation of the country of registration and location of the PARTICIPANT, and the international requirements.

29.4.3. Identification of the CLIENT in TRANSFERS implementation is carried out on the basis of the identity document, which must be valid on the date of submission, in the personal presence of the CLIENT in the Points of TRANSFERS receipt/pay out.

29.4.4. In the legislation of the PARTICIPANTS countries the list of identity documents is defined, which can be used by the CLIENT for sending and receiving REMITTANCES. All employees of the PARTICIPANT which work directly with the CLIENTS, have to know about the requirements for the CLIENT identification in its country of residence, and must strictly adhere to these requirements.

In particular, in accordance with the legislation of the Russian Federation the document certifying the person is:

for citizens of the Russian Federation:

  • passport of the citizen of the Russian Federation;
  • testimony of bodies of registry offices, the body of executive authority or local self-government on the birth of a citizen (for the citizen of the Russian Federation, who attained the age of 14);
  • civil passport for travelling abroad;
  • seaman's passport;
  • identity card of a military serviceman;
  • military card;
    • temporary identification card of the citizen of the Russian Federation, issued by the body of internal Affairs to obtain a passport;

for foreign citizens:

  • passport of the foreign citizen;
  • document issued by the foreign state and recognized in accordance with the international Treaty of the Russian Federation as a document certifying the identity of a person without citizenship;

for persons without citizenship, if they permanently live on the territory of the Russian Federation:

  • residence permit in the Russian Federation;

for other persons without citizenship:

  • document issued by the foreign state and recognized in accordance with the international Treaty of the Russian Federation as a document certifying the identity of a person without citizenship;
  • resolution for temporary residence;
  • residence permits, other documents, stipulated by the Federal law or recognized in conformity with the international Treaty of the Russian Federation as a document certifying the identity of a person without citizenship;

for refugees:

  • certificate of the examination of the application on recognition of a person as a refugee, issued by the diplomatic or consular institution of the Russian Federation or the immigration control post or the territorial Agency of Executive power for migration;
  • certificate of a refugee.

29.4.5. The operator of the PARTICIPANT, which is servicing the CLIENT - physical person, is necessary to:

  • conduct a visual inspection of the present document with a view to its authenticity;
  • make sure that the document belongs to the person who submitted the document;
  • check the validity of the document. 

If the PARTICIPANT may reasonably doubt the authenticity of the presented document, the Operator of the PARTICIPANT should contact the CLIENT with the request to submit any additional document, certifying the person, in accordance with the legislation of the country of registration and location of the PARTICIPANT.

29.4.6. Upon detection of forged, expired documents it is necessary to refuse the CLIENT in the service.

29.4.7. When sending or paying out the TRANSFER the Operator of the PARTICIPANT shall be responsible:

  • for establishing the identity of the CLIENT;
  • for verification of CLIENT identification records;
  • for the correct and complete establishment of the necessary information about the CLIENT in SOFTWARE «LEADER»;
  • verification of the CLIENT's data to match the information contained in the «List of organizations and physical persons in respect of whom there are data on their participation in extremist activities» (hereinafter - the List of extremists).

29.4.8. The operator of the PARTICIPANT, serving the CLIENT-sender - physical person while carrying out a TRANSFER in the territory of the Russian Federation from the Russian Federation and to the Russian Federation is obliged to enter in SOFTWARE «LEADER» of the following information about the CLIENT-sender - physical person:

  • surname, name, and patronymic (unless otherwise following from the law or national custom);
  • citizenship;
  • date of birth;
  • requisites of the document proving the identity;
  • data migration card, a document confirming the right of a foreign citizen's or stateless person's stay (residence) in The Russian Federation;
  • address of the place of residence (registration) or the place of stay;
  • tax payer identification number (if available).

In the absence of the statement of the CLIENT any of the above mentioned information or there is no possibility to get it otherwise, the Operator of the PARTICIPANT is obliged to refuse the application of the CLIENT-sender. The operator of the PARTICIPANT is responsible for entering the data of the CLIENT in SOFTWARE «LEADER».

29.4.9. SOFTWARE «LEADER» ensures the permanence of the information (data), introduced by the Operator of the PARTICIPANT, necessary for the identification of personality and its storage not less than 5 years from the date of relationship termination with this CLIENT.

29.4.10. The requirements of this Chapter section do not apply to TRANSFERS in the Russian Federation in an amount not exceeding 15 000 rubles or in the amount of foreign currency equivalent to 15 000 rubles (except for the case when the PARTICIPANT has the suspicions that the TRANSFER is carried out for the purpose of legalization (laundering) of incomes obtained by criminal way or the financing of terrorism).

29.4.11. When providing identification document by the CLIENT which does not contain all necessary information for the identification, the Operator of the PARTICIPANT requests any other document for fixing the necessary additional information. In case of failure to submit the requested additional documents, the Operator of the PARTICIPANT is obliged to refuse the TRANSFER.

29.4.12. When making a TRANSFER on behalf of a third person (representative/beneficiary):

  • Operator of the PARTICIPANT must carry out the identification of the third person (representative/ beneficiary);
  • Operator of the PARTICIPANT shall be obliged to request from the CLIENT (the third person (representative/beneficiary)) documents confirming the right of legal representation;
  • only after verifying the authenticity of the submitted documents it is possible to conduct operations.

29.4.13. All available information with copies of the documents about the CLIENT and the nature of the operations the Operator of the PARTICIPANT shall give to an employee of the PARTICIPANT who is responsible for organization of work on AML/FT for further notification to the authorized body and/or execution of other measures, established by the legislation of the country of registration and location of the PARTICIPANT.

29.5. Illegal operations

29.5.1. In order to ensure the safety of TRANSFERS and prevent illegal use of services of the Payment System «LEADER» there are a number of prohibitions on the conduct of operations in accordance with the international norms of the national legislation in the field of AML/FT.

29.5.2. Through the Payment System «LEADER» it is prohibited to perform:

  • TRANSFERS of natural persons in respect of whom there is information about their involvement in extremist activity;
  • TRANSFERS related to the entrepreneurial activity;
  • TRANSFERS to acquisition of shares, bonds;
  • splitting of a large sum of operations on smaller with the intention of circumventing the restrictions established by the legislation.

29.5.3. The operator of the PARTICIPANT shall not carry out TRANSFERS initiated by the following persons:

  • persons, not submitting the document, proving the identity, as well as documents confirming the necessary data for identification,
  • persons with forged or invalid documents;
  • persons, who do not know, for whom transfer is sent, or from whom it was obtained.

29.5.4. Violation of or non-compliance with the above provisions is sufficient reason to block or terminate the activity of the PARTICIPANT in the Payment System «LEADER» and the unilateral extra-judicial rescission of the AGREEMENT by the OPERATOR.

29.6. Providing TRANSFERS security

29.6.1. The Payment System «LEADER» has software means of impeding the operations of the persons involved in extremist activities.

In the event of coincidence detection of the data of the CLIENT with the information in the List of extremists ESID of the Payment System «LEADER» is sent to the Operator of the PARTICIPANT.

29.6.2. If the coincidence of all data of the CLIENT is full with the information specified in the List of extremists, the Operator of the PARTICIPANT should:

1) make a copy of the document certifying the identity of the CLIENT;

2) fix all additional information, filling in the appropriate fields of the software complex «LEADER»;

3) give all the available information about the CLIENT to the employee of the PARTICIPANT, responsible for organization of work on AML/FT for further notification to the authorized body and/or execution of other measures established by the legislation of the country of registration and location of the PARTICIPANT.

29.6.3. When identifying a complete coincidence of the data of the CLIENT with the information contained in the List of extremists, the PARTICIPANT is responsible for TRANSFERS sending and pay out.

29.7.  Identification of unusual/suspicious transactions

29.7.1. When performing a transfer the Operator of the PARTICIPANT undertakes to exercise vigilance and caution in respect of persons who may seek to use the services of the Payment System «LEADER» in the illegal purposes.

29.7.2. Operators of the PARTICIPANT in CUSTOMER service points should remain vigilant in respect of TRANSFERS transactions, since they are responsible for the identification of suspicious transactions.

29.7.3. In programs on AML/FT the PARTICIPANTS should define the main criteria for classifying CLIENT transactions as suspicious.

29.7.4. Special control and attention of the Operator of the PARTICIPANT requires the following operations:

  • CLIENT regularly carries out numerous TRANSFERS for the amount lower than the established limits;
  • one or more CLIENTS send TRANSFERS to the one and the same beneficiary;
  • CLIENT within one banking day implement TRANSFERS of large sums of money through various Points of TRANSFERS receipt/pay out;
  • CLIENT receives a large amount of cash from a foreign CLIENT.

29.7.5. Operators of the PARTICIPANT are recommended to pay attention to unusual behavior of CLIENTS:

  • excessive irritability, restlessness or aggressiveness in the delay in carrying out the operation;
  • the unwillingness of the CLIENT to continue making a TRANSFER on the request of the Operator of the PARTICIPANT to provide additional information;
  • refusal of the CLIENT to submit the documents certifying the person, and the relevant requirements of legislation;
  • presentation by the CLIENT of documents, unidentified specimen, as well as invalid or forged documents;
  • CLIENT's unwillingness to tell about yourself more information, explaining the rationale of the operation;
  • representation of the CLIENT known to be false (distorted) of the data;
  • obvious misunderstanding of the meaning and purpose performed by CLIENT's operation.

29.7.6. The operator of the PARTICIPANT in case of suspicion in respect of the CLIENT or operations must provide the necessary information to the responsible officer of AML/FT of the PARTICIPANT.

29.7.7. The OPERATOR has the right to refer to the PARTICIPANT for explanations on TRANSFERS, which, in the opinion of the OPERATOR, arouse suspicion. The OPERATOR sends to the PARTICIPANT corresponding ESID with the request via EDMS. The PARTICIPANT not later than one working day from the date of receipt from the OPERATOR of this ESID are obliged to give to the OPERATOR corresponding ESID with the answer or answer in writing to the clarification to the requested TRANSFERS.

 

30.  INTERACTION OF THE OPERATOR OF THE PAYMENT SYSTEM «LEADER» WITH THE PARTNERS

30.1. The OPERATOR on its own behalf shall conclude agreements with PARTNERS in order to implement TRANSFERS in accordance with Federal and international laws.

30.2. The PARTNERS join these REGULATIONS by taking them as a whole at the moment of conclusion of the agreement with the OPERATOR. When PARTNER joins to these REGULATIONS all the provisions of the present REGULATIONS are obligatory for execution by the PARTNERS. In particular, the PARTNER shall apply provided by the present REGULATIONS of interaction procedure of the OPERATOR with the PARTICIPANTS, the procedure of funds transfer, the order of services payment under the TRANSFERS and the services of the PARTICIPANTS, the procedure of payment clearing and settlement, provide information about its activities to the OPERATOR, the order of enforcement of obligations for TRANSFERS of interaction in the controversial and emergency situations, requirements to protection of information and the order of electronic document management with the PARTICIPANT, the procedure of pre-trial resolution of disputes, use of the trademarks, Payment System «LEADER», the order of connection of Payment terminals to the Payment System «LEADER» and TRANSFERS implementation with the use of CLIENT CARDS of the PAYMENT SYSTEM «LEADER», the rules of control in the sphere of AML/FT.

30.3. In case, if the PARTNER does not apply any provision, stipulated by the present REGULATIONS, it is explicitly stated in the agreement, concluded by the OPERATOR with the PARTNER. If the legislation of the country of location of the PARTNER provides for the obligation of the inclusion in the agreement with the counterparties, including with the OPERATOR, provisions not provided for in the REGULATIONS, the OPERATOR incorporates the relevant provisions in the agreement with the PARTNER.

30.4. Failure to perform or improper performance by the PARTNERS of the provisions, stipulated by the present REGULATIONS, is the reason for their attraction to responsibility in accordance with the current legislation of the Russian Federation, the provisions of the present REGULATIONS and relevant agreements with the OPERATOR, up to including termination of agreements and damages reimburse in full.

30.5. The PARTNER, receiving the TRANSFER, including the carrying out of the transfer of Electronic cash, bears full responsibility for the breach of these REGULATIONS, the terms of the agreement with the OPERATOR, the requirements of the legislation of the country of location and registration of the PARTNER, when receiving a TRANSFER, including the transfer of Electronic money, as well as the decision on its acceptance and implementation, if in accordance with the law and normative acts of the PARTNER, TRANSFER may be recognized as illegal.

30.6. The PARTNER which issues/credits on the account the TRANSFER, which carries out the transfer of Electronic cash, bears full responsibility for violation of requirements of the legislation of the country of registration and the location of the PARTNER, the present REGULATIONS and conditions of the agreement with the OPERATOR in the issuing of the TRANSFER to the beneficiary, crediting to the account of the TRANSFER, the implementation of the transfer of Electronic cash, including the adoption of a decision on TRANSFER pay out/crediting on the account, the implementation of the transfer of Electronic cash.

In case the operator of the PARTNER has a doubt of the legitimacy of TRANSFER receipt/debiting from the account/pay out/crediting to the account, the transfer of Electronic cash, the operator of the PARTNER is obliged to take maximum precautions provided for by the legislation of the country of registration and the location of the PARTNER and the internal documents of the PARTNER.

30.7. The PARTNER is responsible for failure to execute/improper execution of conditions of the present REGULATIONS, agreements with the OPERATOR, errors and abuse of operators, authorized persons of the PARTNER, cashiers, other employees, persons authorized to represent the interests of the PARTNER, in the relationship with the OPERATOR in order to implement TRANSFERS through the Points of TRANSFERS receipt/pay out, REMOTE METHODS of CUSTOMER SERVICE, ATMs, Payment terminals, as well as for the actions of employees and representatives of the PARTNER performed by them in the work with the use of the Payment System «LEADER». The PARTNER undertakes to reimburse the OPERATOR of the damage, which it suffered as a result of non-performance/improper execution of conditions of the present REGULATIONS, the relevant agreements with the OPERATOR, error or abuse of persons specified in this paragraph, within 3 (three) working days from the moment of receipt by the OPERATOR of claim with enclosed documents substantiating the claim.

30.8. The PARTNER is responsible in full for all operations performed in the Payment System «LEADER» by the PARTNER, or with the use of Payment System «LEADER» in its integration with software complexes of the PARTNER. In case the OPERATOR has a damage as a result of use of the Payment System «LEADER» or from the use of any transactions caused by the OPERATOR of the damage shall be compensable by the PARTNER in full within 3 (Three) working days from the moment of receipt from the OPERATOR of claim with enclosed documents substantiating the claim.

30.9. The settlements with PARTNERS on transactions in the Payment System «LEADER», and also for transactions using the Payment System «LEADER» during the process of integration with software complexes of the PARTNERS, which didn’t open a bank account(s) with the OPERATOR shall be implemented depending on the conditions of performing the operations in order and terms, stipulated in the relevant agreements with the OPERATOR.

30.10. The legislation of the Russian federation is used in the relations between the OPERATOR and the PARTNERS.

Addendum № 1

to the Regulations of the Payment system

«International Money Transfers LEADER»

PARTICIPANTS – residents of the Russian Federation

 

Document

Form

Comments

1. Copy of the Charter in the current version with the latest amendments or an extract of these documents with the information about the name of the PARTICIPANT, address of the location, management bodies, sole Executive body, its powers, procedure of appointment and term of powers.

Notarized copy or duly executed and certified extract

 

2. Certificate of state registration

Notarized copy or a copy, certified by the registering body

certificate on assignment of registration number

3. Licenses for implementation of banking activities

Notarized copy

 

4. Decision of the authorized management body of the election of the sole Executive body (Director) of the PARTICIPANT

Copy of or an extract, certified by the authorized person of the PARTICIPANT

 

6. Questionnaire  of the PARTICIPANT

In a form of Addendum 1.2. to the REGULATIONS or in the form of the PARTICIPANT

With indication of date, signature of the authorized person and the seal of the PARTICIPANT

7. Information on the activities on counteraction of legalization of incomes, received by criminal way and financing of terrorism.

In the form of the PARTICIPANT. The original, signed and verified by the seal of the PARTICIPANT

 

8. Power of attorney/attorney letter for the right to represent the interests of the PARTICIPANT

Original or notarized copy

In the following cases:
- on the right of signing of the AGREEMENT;
- on the right of signing of the PARTICIPANT Questionnaire and Information on AML/CFT (6, 7 of this list) of the PARTICIPANT;
- on the right of attestation of copies and extracts provided by the PARTICIPANT;
- on the Authorized person of the PARTICIPANT in the form of the OPERATOR on the right of signing of the Authorized person of the PARTICIPANT, the administration of the OPERATOR, Operators payment infrastructure services and receipt of EPD, ESID and other electronic records in the EDMS

9. Card with samples of signatures and seal

Notarized copy or a copy certified by the authorized person of the PARTICIPANT

 

10. For the affiliated PARTICIPANTin addition to the above-mentioned documents should also provide:

 

 

10.1. Regulations on the branch, representation of the PARTICIPANT

Notarized copy

 

10.2. Message of the Bank of Russia on the introduction of a branch, representative office in state registration Book of credit institutions and assigning to it the line number

Notarized copy

 

10.3. Power of attorney for the head of the branch, representation of the PARTICIPANT

Original, or notarially certified copy

 

11. Agreementon participation in the Payment system «International Money Transfers LEADER»

Original, signed and certified by the seal

 

12. Balance sheet, profit and loss statement and the calculation of prudential norms for the last 6 (six) months

 

In coordination with the OPERATOR the statements may be submitted in electronic form to the e-mail address: balance@leadermt.ru

 

PARTICIPANTSnon residents

 

Document

Form

Comments

1. Documents confirming the legal status of a non - resident PARTICIPANT under the laws of the country where it is registered:
- the constituent documents in the current version with the latest amendments or an extract of these documents with the information about the name of a non-resident PARTICIPANT, address of the location, management bodies, the sole Executive body, its powers, procedure of appointment and term of office;
- the documents confirming the state registration of a non - resident PARTICIPANT;
- the license (permission), which allows to perform operations of the Payment System «LEADER».

 

 

 Documents should be submitted with a translation into Russian language and certified in due order.

 

 

 

2. Decision of the authorized management body of the PARTICIPANT on the election of the sole Executive body (Director)

Copy or an extract, certified by the PARTICIPANT-non-resident

 

 

3. Album samples of signatures of persons authorized to represent the interests of the PARTICIPANT - non-resident

Original is made by the PARTICIPANT - non-resident in an arbitrary form

 Documents should be submitted with a translation into Russian language and certified in due order.

 

 

4. Power of attorney, issued on behalf of the PARTICIPANT - non-resident for authorised person (subject to the inclusion of this person in the album samples of signatures)

Original or notarized copy

In the following cases:
- on the right of signing of the AGREEMENT;
- on the right of signing of the PARTICIPANT Questionnaire and Information on AML/CFT (6, 7 of this list) of the PARTICIPANT;
- on the right of attestation of copies and extracts provided by the PARTICIPANT;
- on the Authorized person of the PARTICIPANT in the form of the OPERATOR on the right of signing of the Authorized person of the PARTICIPANT, the administration of the OPERATOR, Operators payment infrastructure services and receipt of EPD, ESID and other electronic records in the EDMS

 

6. Questionnaire  of the PARTICIPANT

In a form of Addendum 1.2. to the REGULATIONS or in the form of the PARTICIPANT

With indication of date, signature of the authorized person and the seal of the PARTICIPANT-non-resident.
PARTICIPANT questionnaire should be filled in Russian language or translated into the Russian language

 

 

6. Information on the activities on counteraction of legalization of incomes, received by criminal way and financing of terrorism.

Original is made by PARTICIPANT - non-resident in an arbitrary form

Documents should be submitted in Russian or with a properly certified translation into Russian language

 

7. In the case of establishing a relationship with a branch, representative office, etc. A non-resident PARTICIPANT:
7.1. The regulations on the branchof a non - resident PARTICIPANT;
7.2. Power of attorney for the head of the branch.

 

Documents must be submitted with a translation into Russian language and certified in due order.

In case if the AGREEMENT on behalf of the PARTICIPANT-non-resident the head of branch concludes it

 

8. Agreementon participation in the Payment system «International Money Transfers LEADER»

Original, signed and certified by the seal

 

 

9. Balance sheet, profit and loss statement and the calculation of prudential norms for the last 6 (six) months. In case if the PARTICIPANT in accordance with the order of presentation adopted in the country, not prepares a monthly or quarterly reporting, the available annual reports not later than 2 completed year. Allowed to provide interim financial statements (if available)

 

In coordination with the OPERATOR the statements may be submitted in electronic form to the e-mail address: balance@leadermt.ru

 


Addendum № 1.2.

to the Regulations of the Payment system

«International Money Transfers LEADER»

QUESTIONNAIRE OF PARTICIPANT

General data

Full Name

 

Abbreviated name (according to the Charter)

 

Name in a foreign language (full and abbreviated according to the Charter)

 

Legal status

 

State registration information:

- date

- registration number

- name of the registration body

- place of registration

 

Availability of licenses:

- type of license

- number of the license

- date of issue of the license

- body that issued the license

- period of validity of the license

 

Address (according to the Charter)

 

Postal address

 

Numbers of contact telephones and faxes

 

E-mail address, web site address

 

Taxpayer identification number, code of the registration reason - for a resident, taxpayer identification number or code of a foreign organization - for a non-resident (if vailable)

 

 

For a resident: Taxpayer identification number  ____________

Code of the registration reason _____________

 

For a non-resident, according to the registration certificate accepted in a tax body of the Russian Federation:

Code of a foreign organization ___________

Taxpayer identification number ______________

 

Information about the founders, shareholders (name of the organizations, information on the state registration (date of registration, registration number, place of registration, registration authority); Full Name)

 

Information about management bodies (structure of the bodies, personal structure, Full Name)

 

Information about the separate structural subdivisions (if available)

 

Amount of the authorized capital (share fund, property)

 

Information about the presence or absence on the location of the legal entity, of its permanent management body, other body or persons who have the right to act on behalf of legal entity without a power of attorney

 

Information about main banks-correspondents

 

History of activity, information about reorganization, changes in the nature of the activities, information confirming the business reputation of the bank (for example, the reference to «The Bankers Almanac) at the national and international financial services markets, political activities, etc.

 

 

 

Date  «      » ___________________20__

 

 

CEO       / ________________________/    /

 

Addendum № 2

to the Regulations of the Payment system

«International Money Transfers LEADER»

 

VALID SPELLING ERRORS IN NAME

 

If a CUSTOMER's data in the document, certifying the identity, different from the data in SOFTWARE «LEADER», it is allowed the TRANSFER pay out in accordance with the following table of transliteration (maximum aggregate number of spelling errors in the surname, name and patronymic of the beneficiary - three):

 

 

INTERCHANGEABLE LETTERS

 

EXAMPLES OF NAMES WRITING

и-й

Маик-Майк

е-ё

Тумачёва-Тумачева

л-ль

Марсел-Марсель

е/э

Стелла-Стэлла

я/йя/йа, ю/йю/йу

Валерия-Валерийя

Дублирование буквы

Стэлла-Стэла

Данил-Даниил

Гласная о-а/и-е в безударном слоге

Николаев-Никалаев

 

Звонкая/глухая согласная на конце слова или перед глухой согласной

Маик-Маиг

Окончание имени или фамилии:

ья/ия,

ея/еа

а/я/и/е/э

Наталья-Наталия

 

Окончание отчества:

-ьевич/-иевич

-ович/-евич

-ьевна/-ивна

-ична/-ишна

Геннадьевич-Геннадиевич,

Анатольевна-Анатолиевна

Разные варианты написания отчества на разных языках

-ович(евич)/-и

-/-оглы

Альбертович/Альберти

Ибрагимович/Ибрагим-оглы

Национальный вариант имени

Николай-Микола, Никита-Микита, Елена-Алена/Олена, Филипп-Пилип, Виктория-Вікторія

 

WHEN YOU SEND A TRANSFER/PAYMENT ABROAD

You must use the following table of conformity of the Russian and Latin alphabets, if in the document, certifying the identity data of the CUSTOMER is not in Latin transliteration:

Rus

Lat

Rus

Lat

Rus

Lat

Rus

Lat

А

A

И

I

С

S

Ъ

-

Б

B

Й

I

Т

T

Ы

Y

В

V

К

K

У

U

Ь

-

Г

G

Л

L

Ф

F

Э

E

Д

D

М

M

Х

Kh

Ю

Yu

Е

E

Н

N

Ц

Ts

Я

Ya

Ё

Yo

О

O

Ч

Ch

 

Ж

Zh

П

P

Ш

Sh

 

З

Z

Р

R

Щ

Sch

 


WHEN YOU PAY OUT A TRANSFER

 

You must use the following table of conformity of the Russian and Latin alphabets, if a CUSTOMER's data in transfer application and document, certifying the identity, different transliteration:

Rus

Lat

Rus

Lat

Rus

Lat

Rus

Lat

А

A

И

I, Y

С

S

Ъ

-

Б

B

Й

I, Y, J

Т

T

Ы

Y, I

В

V, W

К

K, C

У

U, Ou

Ь

-

Г

G

Л

L

Ф

F, Ph

Э

E

Д

D

М

M

Х

Kh, H, Ch

Ю

Yu, U, Iu, Ju

Е

E, Ye, Ie, Je

Н

N

Ц

Ts, C

Я

Ya, Ja, Ia, A

Ё

E, Yo, Io, Jo

О

O

Ч

Ch, Tch, Tsj, Tsch

Кс

X, Xc

 

Ж

Zh, J, Dj

П

P

Ш

Sh, Sch

Йи

Y

 

З

Z, S

Р

R

Щ

Sch, Shch, Sh

Дж

J

 

 

 

TRANSFER pay out is also possible in the case if the surname, name, patronymic of the beneficiary in TRANSFER data is not in an appropriate place, for example:

 

Surname:

Ivan

Name:

Nikolaevich

Patronymic:

Sidorov

In this case, when making a TRANSFER pay out and filling the passport data of the beneficiary, type the surname, name, patronymic of the beneficiary in the appropriate fields on the basis of a document, certifying the identity of the beneficiary.