2015-08-20
The Council of Administration of the National Bank of Moldova issued Decision No 216 to approve the Regulation governing the authorization, management, and reporting of foreign bank accounts held by residents. The document establishes that residents must obtain prior authorization from the National Bank of Moldova to open accounts abroad, detailing the specific application procedures, required documentation, and grounds for refusal. It further mandates that authorized account holders submit regular reports on their foreign accounts and comply with foreign exchange regulations and anti-money laundering requirements.
Note: The translation is unofficial, for information purpose only Official Monitor of the Republic of Moldova no.258-261 of 18.09.2015, Art.1719 COUNCIL OF ADMINISTRATION OF THE NATIONAL BANK OF MOLDOVA DECISION no.216 of 20 August 2015 REGISTERED: Minister of Justice of the Republic of Moldova Vladimir CEBOTARI No1064 of 02 September 2015 On the approval of the Regulation on Residents' Accounts Abroad Pursuant to Article 5 paragraph (1) letter l), Article 11 paragraph (1), Article 26 letter c), Article 51 letter a) and Article 52 of Law No 548/1995 on the National Bank of Moldova (republished in the Official Monitor of the Republic of Moldova, 2015, No 297-300, Article 544), with further amendments, Articles 13, 55, and 67 of Law No 62/2008 on Foreign Exchange Regulation (republished in the Official Monitor of the Republic of Moldova, 2016, No 423-429, Article 859), with further amendments, the Council of Administration of the National Bank of Moldova DECIDES:
APPROVED by the Decision of the Council of Administration of the National Bank of Moldova No 216 of 20 August 2015 Regulation on Residents' Accounts Abroad Chapter I. General provisions
attached thereto, the requirements for notifying the change of data in the documents attached to the application for issuing the authorisation; b) peculiarities related to the opening, managing and closing of accounts abroad, which opening requires authorisation of the National Bank of Moldova; c) procedure for reporting to the National Bank of Moldova on accounts opened abroad based on the NBM authorisation; d) peculiarities related to the application of sanctions against holders of authorisations issued by the NBM; e) some peculiarities related to accounts abroad, which opening abroad does not require authorisation of the National Bank of Moldova. (Paragraph 2 amended by the NBM’s Decision No 127 of 06.07.2023, in force as of 20.07.2023) 2
b) resident individual practicing a certain type of activity - for the purpose related to practicing of such activity; c) resident individual - for personal purposes, as well as in connection with business trips abroad. (Paragraph 9 amended by the NBM’s Decision No 127 of 06.07.2023, in force as of 20.07.2023) 10. Resident legal entities (other than licensed banks) which, along with other activities allowed under current legislation, have the right to carry out the activity as RPS providers, shall open, under Law No 62/2008, separate accounts abroad for the purposes of carrying out activities related to provision of payment services /issuance of electronic money. (Paragraph 11 repealed by the NBM’s Decision No 127 of 06.07.2023, in force as of 20.07.2023) 12. Residents shall deposit, keep and use funds to/from accounts, opened abroad without authorisation of the National Bank of Moldova under the provisions of Law No 62/2008, in accordance with the purposes for which they were opened. When the purposes for which these accounts have been opened have been achieved, the accounts shall be closed and the balances transferred or introduced into the Republic of Moldova in accordance with the provisions of this Regulation, except in the cases referred to in paragraph 121 . (Paragraph 12 amended by the NBM’s Decision No 127 of 06.07.2023, in force as of 20.07.2023) 121 . Resident individuals who have opened accounts abroad in accordance with Article 13 paragraph (5) letter (d) of Law No 62/2008 and who, at the end of the period of temporary stay abroad, hold and/or intend to hold in these accounts funds derived from salaries, scholarships, pensions, compensations, allowances, other legal income received and paid abroad, are entitled not to close these accounts and to continue using them for the purpose of conducting foreign exchange operations that do not require an authorisation, as well as not to transfer or import these funds to the Republic of Moldova. (Paragraph 121 introduced by the NBM’s Decision No 127 of 06.07.2023, in force as of 20.07.2023) 122 . If residents intend to use the accounts referred to in paragraph 12 for conducting foreign exchange operations subject to authorisation under Law No 62/2008, they shall have the right, until the accounts are closed, to apply to the National Bank of Moldova for authorisation to perform the respective foreign exchange operations through these accounts. (Paragraph 122 introduced by the NBM’s Decision No 127 of 06.07.2023, in force as of 20.07.2023) 13. In the event when a resident intends to perform a foreign exchange operation, which under Law No 62/2008 is subject to authorisation by the National Bank of Moldova, and the performance of such operation implies the use of an account abroad, which under Law No 62/2008 may be opened only after obtaining the NBM authorisation, the resident shall be obliged to submit, along with the application for authorisation of foreign exchange operation, the application for issuing the authorisation for opening an account abroad. The National Bank of Moldova shall have the right to authorise the opening of an account abroad, if it decided to authorise the foreign exchange operation, which performance implies opening the account abroad. 14. In the event when a resident intends to perform a foreign exchange operation, which under Law No 62/2008 is subject to notification to the National Bank of Moldova, and the performance of such operation implies the use of an account abroad, which under Law No 62/2008 may be opened only after obtaining the NBM authorisation, the resident shall be obliged to obtain an authorisation for opening an account abroad prior to the submitting the set of documents to the National Bank of Moldova regarding the notification of the foreign exchange operation. (Paragraph 14 amended by the NBM’s Decision No 127 of 06.07.2023, in force as of 20.07.2023) 141 The application for the issuance of the NBM authorisation and the documents to be attached thereto shall be submitted to the National Bank of Moldova in paper or electronic form by
a resident individual, and in electronic form by a resident legal entity and a resident individual practicing a certain type of activity. (Paragraph 14 1 introduced by the NBM’s Decision No 127 of 06.07.2023, in force as of 20.07.2023) 142 The resident who submits the documents provided for in this Regulation in electronic form shall be obliged to use the qualified electronic signature pursuant to Law No 124/2022 on Electronic Identification and Trust Services (hereinafter - Law No 124/2022). (Paragraph 14 2 introduced by the NBM’s Decision No 127 of 06.07.2023, in force as of 20.07.2023) 15. The conditions for authorisation of opening an account abroad shall be, as follows: a) compliance with the provisions of paragraphs 4, 9, 10, 12, 122 , 13, 14, 141 and 142where applicable; b) peculiarity of performing the concrete operations and/or the impossibility to perform the envisaged operations through the accounts opened with the RPS providers. (Paragraph 15 amended by the NBM’s Decision No 127 of 06.07.2023, in force as of 20.07.2023) 16. Residents shall perform, through accounts opened abroad, the foreign exchange operations that are subject to authorisation by the National Bank of Moldova under Law No 62/2008, after obtaining authorisations of the National Bank of Moldova that permit performing such operations. Chapter II. Procedure for authorisation by the National Bank of Moldova of opening an account abroad Section 1 Documents necessary to obtain the NBM authorisation 17. In order to obtain an authorisation for opening an account abroad, the applicant shall submit to the National Bank of Moldova an application compiled in accordance with Annex 1, to which the followings shall be attached: a) documents identifying the applicant (not applicable for RPS provider holding the license issued by the National Bank of Moldova); b) documents related to opening an account abroad, for which NBM authorisation is requested. 18. The documents identifying the applicant shall be the documents indicated in Section I of Annex 2, which shall be submitted as follows: a) for resident legal entity – the documents indicated in paragraphs 2- 4; b) resident individual practicing a certain type of activity – the documents indicated in paragraphs 5 and 6; c) resident individual - the document indicated in paragraph 6. (Paragraph 18 amended by the NBM’s Decision No 127 of 06.07.2023, in force as of 20.07.2023) 19. The documents related to opening of an account abroad, for which the NBM authorisation is requested, shall be the documents referred to in paragraph 7, and, if applicable, in paragraph 8, Section I of Annex 2. (Paragraph 19 amended by the NBM’s Decision No 127 of 06.07.2023, in force as of 20.07.2023) 20. The documents referred to in paragraphs 18 and 19 shall be submitted to the National Bank of Moldova in accordance with the requirements specified in Section II of Annex 2. 21. In the case specified in paragraph 13, if the documents to be submitted by the resident to the National Bank of Moldova for obtaining an authorisation for opening an account abroad are identical to the documents to be submitted for obtaining an authorisation for performing another foreign exchange operation subject to authorisation (for example, for granting external loans /credits), that will be conducted through the above-mentioned account, these documents may be
submitted in a single copy and shall be attached to the application for issuing the authorisation for performing the foreign exchange operation; and the application for opening of an account abroad shall specify such information. Section 2. Examination by the National Bank of Moldova of the application for issuing the authorisation for opening an account abroad and the application for issuing the duplicate authorisation (Title of Section 2 amended by the NBM’s Decision No 127 of 06.07.2023, in force as of 20.07.2023) 22. The National Bank of Moldova shall decide to issue the authorisation or to refuse the issuance of the authorisation within 30 working days from the date of registration of the application for issuing the authorisation for opening an account abroad, accompanied by all the necessary documents, or, if applicable, from the date of registration of the documents submitted in accordance with paragraph 222 . (Paragraph 22 amended by the NBM’s Decision No 127 of 06.07.2023, in force as of 20.07.2023) 221 . If the National Bank of Moldova, after examining the documents submitted in accordance with paragraph 22, determines that the foreign exchange operation is not subject to authorisation under Law No 62/2008, it shall notify the applicant of this fact within 5 working days from the date of registration of the documents. (Paragraph 22 1 introduced by the NBM’s Decision No 127 of 06.07.2023, in force as of 20.07.2023) 222 . If the applicant has not submitted the complete set of documents or the documents in question do not comply with the requirements of this Regulation within 5 working days from the date of registration of the set of documents, the National Bank of Moldova shall notify the applicant of the need to submit the missing documents and/or the documents corrected in accordance with the requirements of this Regulation within a maximum of 5 working days from the date of the notification, as well as of the suspension of the administrative procedure for this period. If the applicant has not submitted the aforementioned documents within the set time limit, the National Bank of Moldova shall notify the applicant of the termination of the administrative procedure. The applicant may submit a new application for issuing the authorisation, attaching all the necessary documents, including those required by the National Bank of Moldova under this paragraph. (Paragraph 22 2 introduced by the NBM’s Decision No 127 of 06.07.2023, in force as of 20.07.2023) 223 . In order to ensure compliance with the legislation on the prevention and combating of money laundering and terrorist financing, the National Bank of Moldova shall be entitled to request the Service for the Prevention and Combating of Money Laundering and other competent authorities of the country to issue an opinion on the absence or presence of suspicious nature of the source of funds to be used for the performing of the foreign exchange operation subject to authorisation and/or the activity of the applicant. For the period of the application, the National Bank of Moldova shall suspend the administrative procedure, which shall be notified to the applicant. (Paragraph 22 3 introduced by the NBM’s Decision No 127 of 06.07.2023, in force as of 20.07.2023) 23. The National Bank of Moldova shall have the right to authorize the opening of an account abroad or to refuse the authorization for its opening, taking into account the fundamental objective of the National Bank of Moldova stipulated by Law on the National Bank of Moldova No 548-XIII of July 21, 1995, the current conditions of the money, credit and foreign exchange market, the situation of the balance of payments of the Republic of Moldova, the provisions of the legislation of the Republic of Moldova, including on the repatriation of funds resulting from import /export transactions. 24. The following shall serve as grounds for refusal to issue the authorisation: (Letters a), b) repealed by the NBM’s Decision No 127 of 06.07.2023, in force as of 20.07.2023)
c) application by the National Bank of Moldova to the applicant - that is the RPS provider (other than a licensed bank) of remedial measures related to the activity of providing payment services/issuing electronic money via foreign accounts; d) submission of documents containing unauthentic or contradictory information; e) failure of the applicant to meet the conditions of authorization, referred to in paragraph 15. f) submission by the competent authorities, in the context of ensuring compliance with the legislation on preventing and combating money laundering and terrorist financing, of information indicating the suspicious nature of the source of the funds to be used for the conduct of the foreign exchange operation subject to authorisation and/or the applicant's activity; g) the finding by the National Bank of Moldova of significant net demand for foreign currency on the domestic foreign exchange market and the finding that the currency operation for which the authorization is requested shall lead to the aggravation of that situation, as well as of other situations that may have a significant negative impact on ensuring the stability of the domestic currency market and/or on the implementation of the state’s currency policy. (Paragraph 24 amended by the NBM’s Decision No 127 of 06.07.2023, in force as of 20.07.2023) (Paragraph 24 amended by the NBM’s Decision No 30 of 13.02.2018) 25. The National Bank of Moldova shall notify the applicant of the decision on issuing or refusal to issue the authorisation no later than on the third working day following the date of the decision, stating the reasons for the refusal. (Paragraph 25 in the wording by the NBM’s Decision No 127 of 06.07.2023, in force as of 20.07.2023) 26. The applicant may submit a new application for issuing the authorisation after the circumstances which led to the authorisation being refused have been removed (if this is within the applicant's control). (Paragraph 26 in the wording by the NBM’s Decision No 127 of 06.07.2023, in force as of 20.07.2023) 27. Authorization of opening an account abroad shall be done by issuing the relevant authorisation by the National Bank of Moldova. The authorisation template is provided for in Annex 3. Depending on the peculiarity of the account, the National Bank of Moldova may modify the content of the authorisation. 28. The National Bank of Moldova may specify in the authorisation, inter alia, the operations that may be performed to / from the accounts opened abroad by residents, limits of balances and the period of funds maintenance on such accounts, other conditions related to such accounts. (Paragraph 28 amended by the NBM’s Decision No 30 of 13.02.2018) 29. The NBM authorization shall be issued to the holder/ authorised representative in accordance with Article 112 of Law No 548/1995 on the National Bank of Moldova. (Paragraph 29 in the wording by the NBM’s Decision No 127 of 06.07.2023, in force as of 20.07.2023) (Paragraph 30 repealed by the NBM’s Decision No 127 of 06.07.2023, in force as of 20.07.2023) 31. Transmission of rights and obligations under the NBM authorisation to other persons shall not be allowed. 311 . In case of loss or damage of the NBM authorisation, the holder of the NBM authorisation shall be entitled to apply to the National Bank of Moldova for a duplicate authorisation. The application may be submitted in paper or electronic form. In the case of a damaged authorisation, the original of the damaged authorisation shall be attached to the paper application and a copy of the damaged authorisation shall be attached to the electronic application, the original of which shall be submitted to the National Bank of Moldova when the duplicate authorisation is issued in accordance with paragraph 312 . (Paragraph 31 1 introduced by the NBM’s Decision No 127 of 06.07.2023, in force as of 20.07.2023)
312 . The National Bank of Moldova shall issue the duplicate authorisation within 5 working days from the date of registration of the application for issuing the duplicate authorisation. (Paragraph 31 2 introduced by the NBM’s Decision No 127 of 06.07.2023, in force as of 20.07.2023) 313 . If a duplicate of the NBM authorisation is issued, the lost or damaged authorisation becomes invalid. (Paragraph 31 3 introduced by the NBM’s Decision No 127 of 06.07.2023, in force as of 20.07.2023) 31 4 . The duplicate of the NBM authorization shall be issued in accordance with the provisions of Article 112 paragraph (1) letter a) of Law No 548/1995 on the National Bank of Moldova. (Paragraph 31 4 introduced by the NBM’s Decision No 127 of 06.07.2023, in force as of 20.07.2023) (Paragraph 32 repealed by the NBM’s Decision No 127 of 06.07.2023, in force as of 20.07.2023) Section 3. Informing on modification of data contained in the documents submitted for obtaining the NBM authorisation 33. In the event when, after the date of obtaining the NBM authorisation, the amendments /completions in the information indicated in the application for issuing the authorisation, in the documents submitted by the resident have been occurred and/or new documents which amend the information related to the opening the account abroad have been signed, the resident shall be obliged within 15 working days following the date of amendments /completions: a) to submit an application for issuing an amendment to the NBM authorisation (according to Annex 4), attaching the original NBM authorization and the relevant documents – in case of amendments and/or completions which involve the modification of information from the NBM authorisation; b) to inform the National Bank of Moldova on the made amendments/completions, attaching the relevant documents – in case of amendments /completions of other information. (Paragraph 33 amended by the NBM’s Decision No 127 of 06.07.2023, in force as of 20.07.2023) 34. The documents referred to in paragraph 33 shall be submitted to the National Bank of Moldova, taking into account the provisions of paragraphs 141 and 142 . (Paragraph 34 in the wording by the NBM’s Decision No 127 of 06.07.2023, in force as of 20.07.2023) (Paragraph 34 amended by the NBM’s Decision No 30 of 13.02.2018) 35. In case of submission of an application for issuing an amendment to the NBM authorisation, the provisions of paragraphs 22 - 26, 28 shall be applied. 36. As a result of the acceptance of amendments and /or completions, the National Bank shall issue an amendment to the relevant authorisation, which shall be an integral part of the NBM authorisation. (Paragraph 37 repealed by the NBM’s Decision No 127 of 06.07.2023, in force as of 20.07.2023) 38. The issuance of the amendment to the NBM authorization shall be done as in accordance with the provisions of paragraphs 29. Chapter III. General provisions related to operations to/from the account abroad authorised by the National Bank of Moldova 39. Only funds originating from sources stipulated in the NBM authorisation, as well as in paragraph 40, shall be registered in the accounts abroad authorized by the National Bank of Moldova. Otherwise, the funds shall be registered in the accounts opened with RPS providers.
b) in case of a legal entity – a document issued by the RPS provider (certified by the signatures of authorised persons of the RPS provider), confirming registration of the balance of the closed account in the account of the respective resident opened with the RPS provider. The notice and the aforementioned documents shall be submitted at the latest along with the last report on the account opened abroad, which is mandatory under Chapter VII. (Paragraph 56 amended by the NBM’s Decision No 127 of 06.07.2023, in force as of 20.07.2023) (Paragraph 56 amended by the NBM’s Decision No 30 of 13.02.2018) 57. The closure of accounts abroad as a result of the withdrawal of the NBM authorisation shall be performed in accordance with the provisions of Chapter VIII. Chapter VI. Peculiarities of the transfer or introduction of funds in the Republic of Moldova following the closure of accounts abroad (Title of Chapter VI amended by the NBM’s Decision No 127 of 06.07.2023, in force as of 20.07.2023) 58. When closing accounts opened abroad (with or without the NBM authorisation, according to Law No 62/2008), the balances of these accounts shall be transferred or introduced to the Republic of Moldova in accordance with the provisions of this Chapter. (Paragraph 58 amended by the NBM’s Decision No 127 of 06.07.2023, in force as of 20.07.2023) 59. When closing the account opened abroad on the name of the licensed bank, the account balance shall be registered in another account of the licensed bank opened abroad or with another licensed bank. (Paragraph 59 amended by the NBM’s Decision No 127 of 06.07.2023, in force as of 20.07.2023) 60. When closing the account opened abroad on the name of the resident legal entity (other than a licensed bank), the account balance shall be transferred to the account of the respective legal entity opened with the RPS provider. (Paragraph 60 amended by the NBM’s Decision No 127 of 06.07.2023, in force as of 20.07.2023) 61. If the balance of the account abroad is insignificant and the transfer thereof to the Republic of Moldova by the resident legal entity (other than a licensed bank) is irrational from the point of view of the transfer costs, the account balance may be introduced into the Republic of Moldova and registered on the account of the relevant legal entity opened with the RPS provider. (Paragraph 61 amended by the NBM’s Decision No 127 of 06.07.2023, in force as of 20.07.2023) 62. Depositing cash /traveller's cheques imported into the Republic of Moldova in the case referred to in paragraph 61 shall be made in accordance with the provisions of the Regulation on conditions and procedures for performing foreign exchange operations. (Paragraph 62 in the wording of NBM’s Decision No 30 of 13.02.2018, in force as of 01.05.2018) (Paragraph 62 amended by the NBM’s Decision No 134 of 24.05.2017) 63. When closing the account opened abroad on the name of a resident individual practicing a certain type of activity, the provisions of paragraphs 60-62 shall apply. (Paragraph 63 amended by the NBM’s Decision No 127 of 06.07.2023, in force as of 20.07.2023) 64. When closing accounts abroad by resident individuals, the balances on these accounts shall be transferred or introduced into the Republic of Moldova, except for the situation referred to in paragraph 121 . (Paragraph 64 amended by the NBM’s Decision No 127 of 06.07.2023, in force as of 20.07.2023) 65. In the event when the account abroad was opened without authorisation from the National Bank of Moldova as in accordance with Law No 62/2008, upon closing the account its balance may not be transferred or introduced into the Republic of Moldova, if this balance is used for making payment /transfer within the foreign exchange operation, the execution of which: a) does not require authorisation from the National Bank of Moldova under Law No 62/2008;
b) is subject to authorisation from the National Bank of Moldova under Law No 62/2008 and the resident holds such an authorisation. (Paragraph 65 amended by the NBM’s Decision No 127 of 06.07.2023, in force as of 20.07.2023) 66. In the event when the account abroad was opened with authorisation from the National Bank of Moldova as in accordance with Law No 62/2008, upon closing the account its balance may not be transferred or introduced into the Republic of Moldova, if the NBM authorisation allows using the balance of the closed account for the purposes specified in the NBM authorisation. (Paragraph 66 amended by the NBM’s Decision No 127 of 06.07.2023, in force as of 20.07.2023) Chapter VII. Reporting on the account opened abroad based on the NBM authorisation 67. The resident holding the NBM authorisation shall be obliged to submit to the National Bank of Moldova monthly, not later than the 20th of the month following the reporting month, the Report on the account opened abroad (hereinafter referred to as report) according to the form and the procedure of its compiling indicated in Annex 5. In the event when the account abroad authorised by the National Bank of Moldova is used to perform foreign exchange operations, which are also subject to authorization from the National Bank of Moldova according to Law No 62/2008 or in the situation when the resident has obtained the authorisation of the NBM issued under the provisions of paragraph 122 , the National Bank of Moldova shall have the right to change the report form, depending on the specificity of the foreign exchange operation. (Paragraph 67 amended by the NBM’s Decision No 127 of 06.07.2023, in force as of 20.07.2023) 671 . The report referred to in paragraph 67 and the documents attached to it shall be submitted to the National Bank of Moldova in paper or electronic form by a resident individual, and in electronic form by a resident legal entity and a resident individual practising a certain type of activity. (Paragraph 67 1 amended by the NBM’s Decision No 127 of 06.07.2023, in force as of 20.07.2023) 68. The first month for which the report has to be submitted shall be deemed the month in which the account was opened with the non-resident bank or, in the case referred to in paragraph 122 , the month in which the first operation was carried out under the NBM authorisation. The last month for which the report has to be submitted shall be deemed the month in which the account with the non-resident bank was closed. (Paragraph 68 amended by the NBM’s Decision No 127 of 06.07.2023, in force as of 20.07.2023) 69. The resident shall be obliged to attach to the report the following documents, which are part of the report and are kept at the National Bank of Moldova: a) the account statement issued by the non-resident bank for the reporting month; b) the payment orders and other documents on the basis of which the transactions reflected in the report were recorded on the resident's account; c) contracts and other justifying documents on the basis of which payments/transfers were made from the account. (Paragraph 69 in the wording by the NBM’s Decision No 127 of 06.07.2023, in force as of 20.07.2023) 70. The documents referred to in paragraph 69 shall be submitted to the National Bank of Moldova in accordance with paragraph 671 and Annex 2, Section II. (Paragraph 70 amended by the NBM’s Decision No 127 of 06.07.2023, in force as of 20.07.2023) (Paragraph 70 amended by the NBM’s Decision No 30 of 13.02.2018) 71. The information reflected in the report shall correspond to the information in the documents referred to in paragraph 69.
Finding of violations and application of sanctions and remedial measures shall be carried out in accordance with the provisions of Article 75-752 of Law No 548/1995 on the National Bank of Moldova. (Paragraph 74 amended by the NBM’s Decision No 127 of 06.07.2023, in force as of 20.07.2023)
The holder of NBM authorisation shall be notified of the violations detected within the off-site control and shall be required to remove them. In case of disagreement with the relevant findings, the resident shall have the right to submit the grounds of the disagreement within 5 working days from the date of receipt of the information, attaching the relevant documents. (Paragraph 75 amended by the NBM’s Decision No 127 of 06.07.2023, in force as of 20.07.2023)
The resident that is subject to the sanction in the form of a warning and /or remedial measures shall be obliged to notify the National Bank of Moldova, within the prescribed period, about the liquidation of circumstances that led to the application of sanctions /remedial measures and, where applicable, to undertake other actions provided for by the decision on the application of sanctions /remedial measures and/or by this Regulation. (Paragraph 76 amended by the NBM’s Decision No 127 of 06.07.2023, in force as of 20.07.2023)
The resident shall attach to the notification referred to in paragraph 76 the documents confirming the elimination of violations/causes that served as grounds for issuing the warning / application of remedial measures. (Paragraph 77 amended by the NBM’s Decision No 127 of 06.07.2023, in force as of 20.07.2023)
As grounds for the withdrawal of the NBM authorisation may serve: a) unauthentic data detected in the documents submitted to obtain the NBM authorisation; b) failure of the holder of the NBM authorisation to comply, within the prescribed period, with the requirements to remove the violations indicated in the warning /the document related to application of remedial measures.
In the event when the Executive Board of the National Bank of Moldova decided to withdraw the authorisation for opening an account abroad, the National Bank of Moldova shall notify the NBM authorisation holder thereof. (Paragraph 79 amended by the NBM’s Decision No 127 of 06.07.2023, in force as of 20.07.2023) (Paragraph 79 amended by the NBM’s Decision No 30 of 13.02.2018)
Within the term indicated in the decision on withdrawal of the NBM authorisation, the resident shall be obliged to close the account opened with the non-resident banks and to transfer or introduce the account balance into the Republic of Moldova according to the provisions of Chapter VI. (Paragraph 80 amended by the NBM’s Decision No 127 of 06.07.2023, in force as of 20.07.2023)
The withdrawn NBM authorisation shall become invalid from the date specified in the decision of the National Bank of Moldova on withdrawal of the respective authorisation.
Within 10 working days from the date of the adoption of the decision on withdrawal of the NBM authorisation, the resident shall be obliged to submit the original of the NBM authorisation (in case of authorisation on paper) to the National Bank of Moldova. (Paragraph 82 amended by the NBM’s Decision No 127 of 06.07.2023, in force as of 20.07.2023) 821 . The National Bank of Moldova shall notify RPS providers within 5 working days from the date of adoption of the decision on withdrawal of the NBM authorisation that the resident is not allowed to make payments and transfers through accounts with non-resident banks under the withdrawn authorisation. (Paragraph 821 introduced by the NBM’s Decision No 127 of 06.07.2023, in force as of 20.07.2023)
Within 20 working days from the date prescribed for closing the account abroad, the resident shall be obliged to submit the documents referred to in paragraph 56 to the National Bank of Moldova.
The withdrawal of the NBM authorisation shall not exempt the resident from the obligation to submit to the National Bank of Moldova the report for the month in which the account abroad was closed.
Annex 1 to the Regulation on residents' accounts abroad Letter-head (in case of resident legal entity) To the National Bank of Moldova Application for issuing the authorisation for opening an account abroad
(to be completed, if appropriate) 5. Accounts opened abroad: NO ( ) / YES ( ): _____________________________________
(type, number and currency of account, name and legal address of the non-resident bank with which the respective account/accounts is/are opened) requests the issuance of the authorisation for opening the following account abroad: 6. Name and legal address of the non-resident bank ______________________________________ 7. Type of envisaged account _______________________________ 8. Name of currency of the account _____________________________ 9. Sources of funds to be deposited into the account _____________________________________
No Document title Document number and date Number of pages Hereby, ______________________________________________________________I assume (name /name and surname of the applicant) responsibility for the compliance of the foreign exchange operations conducted through the account opened abroad with the provision of the legislation of the Republic of Moldova, including Law No 62/2008 on Foreign Exchange Regulation, for the correctness, truthfulness, and timeliness of the submitted documents and information, as well as for signing the documents (submitted to the National Bank of Moldova) by the person empowered with this right according to the legislation of the Republic of Moldova. Simultaneously, I undertake to fulfil the obligations, including the reporting ones, set out in the Regulation on residents' accounts abroad. Administrator/Individual (signature) (name and surname) Contact details (postal address, telephone number, email): Date of compiling Contact person
Procedure for compiling the Application for issuing the authorisation for opening an account abroad
142 . Item 15 "Data on documents submitted to the National Bank of Moldova" shall contain the list of documents attached to the application, indicating the name of the document, its number and date, the number of pages. If the submitted documents have been amended/completed, the amending documents shall also be included in this list. In the case referred to in paragraph 13 of the Regulation, if the documents to be submitted by the resident to the National Bank of Moldova for obtaining the authorisation to open an account abroad are identical to the documents to be submitted for obtaining the authorisation to perform foreign exchange operation (e.g. to grant a foreign loan/credit) through the mentioned account and the applicant does not consider it necessary to submit them repeatedly, the list of documents attached to the application for the authorisation to perform foreign exchange operation (name, number and date of issue of the documents) shall be specified in paragraph 15. In this case, an asterisk (*) shall be placed in the “Number of pages” column and the number and date of the application for issuing the authorisation for performing the relevant foreign exchange operation to which the documents in question were attached shall be indicated. 15. The application shall be signed by the resident (person authorised by the resident). 16. The application shall include the first and last name of the contact person and the contact details - the means (postal address, telephone number, e-mail) by which the contact person can provide information on opening the account abroad or obtaining the NBM authorisation. 17. The application shall contain the date of its compiling. (Paragraph 18 repealed by the NBM’s Decision No 127 of 06.07.2023, in force as of 20.07.2023) 19. In the event when there is insufficient space on the paper application form to provide information related to the sources of funds to be deposited into the account, directions for the use of the funds in the account, justification for the need to open the account abroad etc., the following wording shall be written on the reverse of the application or on an additional page: "Continuation of item No. "________________" of the application" and shall indicate the appropriate information, certified as required for the certification of the application. 20. No deletions and corrections shall be allowed in the application. (Annex 1 amended by the NBM’s Decision No 127 of 06.07.2023, in force as of 20.07.2023) (Annex 1 amended by the NBM’s Decision No30 of 13.02.2018)
Annex 2 to the Regulation on residents' accounts abroad I. List of documents required for obtaining the authorisation for opening an account abroad A. Documents identifying the applicant (Paragraph 1 repealed by the NBM’s Decision No 127 of 06.07.2023, in force as of 20.07.2023) 2. The extract from the State register issued by the body authorised to carry out state registrations or downloaded from the government portal of the entrepreneur, which reflects the current situation and includes, depending on the category of the resident, information on the name / surname, legal form of the organisation, state identification number /fiscal code, date of state registration, legal address /domicile, administrator, equity size, types of activities. (Paragraph 3 repealed by the NBM’s Decision No 127 of 06.07.2023, in force as of 20.07.2023) 4. The certificate of assignment of the fiscal code – for persons to whom this document shall be issued under the legislation and to whom the document indicated in paragraph 2 is not issued. 5. The document that allows practicing a certain type of activity by the resident individual (for instance, entrepreneur’s patent, license for carrying out the notary’s activity, the license for carrying out the lawyer’s activity). 6. The identity document of the resident individual. B. Documents related to opening an account abroad, for which NBM authorisation is requested 7. Documents confirming the necessity of opening the account abroad, arguments, reasons to support the need for opening an account abroad (for example, agreements, contracts etc.) and any other relevant documents for the examination of the application. 8. Documents confirming the source of funds to be used for performing the foreign exchange operations in the account abroad. II. Requirements for documents to be submitted to the National Bank of Moldova
The photocopies of the submitted documents shall remain with the National Bank of Moldova. Instead of photocopies, documents may be submitted in the original or in copies certified by a notary, which shall remain at the National Bank of Moldova, at the discretion of the applicant individual. 3. Specific requirements for documents submitted electronically Documents drawn up in electronic form shall be submitted in electronic form and shall comply with the requirements of Law No 124/2022. Documents drawn up on paper shall be submitted in scanned form in PDF format, ensuring the integrity and quality of the scanned documents (so that the document contains all the information and is legible) and the consecutive order of the pages. Documents in electronic form and scanned documents shall be signed by the resident with a qualified electronic signature in accordance with Law No 124/2022 and shall be kept at the National Bank of Moldova. (Annex 2 amended by the NBM’s Decision No 127 of 06.07.2023, in force as of 20.07.2023) (Annex 2 amended by the NBM’s Decision no.30 of 13.02.2018)
Annex 3 to the Regulation on residents' accounts abroad MODEL Letterhead of the National Bank of Moldova
(registration number)
(date of issue) AUTHORISATION NO ____________ Pursuant to Article _______ of Law No 62/2008 on Foreign Exchange Regulation the National Bank of Moldova authorises ________________________________________________ (resident’s name) State identification number (IDNO /IDNP) /fiscal code ________________________ the opening of the account in___________________________________________________ (account currency name) with ______________________________________________________________________ (name of the non-resident bank) located in _____________________________________________________________ (non-resident bank's head office)
(purposes of opening the account) The account may be credited with: _________________________________________ (sources of funds in the account) The following may be debited from this account: ___________________________________ (directions for the use of the funds in the account) Other conditions (as appropriate)________________________________________________
Validity period of the authorisation ______________________________________. The issuance of this authorisation does not imply the assumption by the National Bank of Moldova of the obligations related to the authorised account and the operations performed through it, as well as does not exempt the resident who obtained the NBM authorisation, the resident payment service providers through which the authorised foreign exchange operations are performed from the obligation to comply with the provisions related to the respective foreign exchange operations established by other normative acts, as well as from the application of measures in accordance with the requirements of the legislation on prevention and combating money laundering and terrorist financing.
(the job title of the person who signed the authorisation) (signature) (name and surname) L.Ş. (Annex 3 in the wording by the NBM’s Decision No 127 of 06.07.2023, in force as of 20.07.2023)
Annex 4 to the Regulation on residents' accounts abroad Letterhead (in case of resident legal entity) To the National Bank of Moldova Application for issuing the amendment to the authorisation Hereby,______________________________________________________________________ (full name /name and surname of the resident) requires the issuance of the amendment to the authorisation of the National Bank of Moldova for opening an account abroad no. _______________ of _________________ determined by the modification of the following data in the NBM authorisation:
(it shall be indicated the information from the authorisation which amending is required and description of the respective amendments/completions)
Data related to the documents attached to the application No. Document Number and date of the document Number of pages Administrator/Individual (signature) (name and surname) Contact details (postal address, telephone number, email): Date of compiling the application Contact person (Annex 4 amended by the NBM’s Decision No 127 of 06.07.2023, in force as of 20.07.2023) (Annex 4 amended by the NBM’s Decision No 30 of 13.02.2018)
Annex no.5 to the Regulation on residents' accounts abroad Code form ORD0901 Model code Periodicity Form type Correct. no. (code of resident) 2 (name/name and surname of the resident) To be submitted monthly, not later than the 20th day of the month following reporting month REPORT on the account opened abroad for __________ 20_ (month)
NOTE: The report is compiled in accordance with:
Procedure for compiling the Report on the account opened abroad
of holding of share that is up to 10% of the statutory capital (or its equivalent) of the resident account holder); e) column 5 "Country code of the partner" shall indicate the country code (according to ISO 3166-1 alpha-2) of the partner indicated in column 4. The information in columns 4 and 5 shall be filled in only for the transactions with nonresidents in case when column 3 indicates the code of operation from groups Income, Direct investments, Portfolio investments and Other investments (Long-term loans and Short-term loans); f) column 6 "Turnover: Debit" shall indicate the amounts debited from the account abroad; g) column 7 "Turnover: Credit" shall indicate the amounts registered in the account abroad; h) column 8 "Description of operation /Notes" shall indicate the description of the operation performed through account opened abroad (for example, payment of interest under the credit agreement no.55 of 23.09.2003 etc.); i) item "Total" shall indicate the total amount of operations performed through the account during the reporting month, separately by debit turnover and credit turnover. 14. Item 8 "Balance at the end of the reporting month" shall indicate the balance of the account opened abroad at the end of the last day of the reporting month. Control line: data indicated in row 8 "Balance at the end of the reporting month" shall coincide with the data determined by the following formula: data indicated in row 6 "Balance at the beginning of the reporting month" + total of column 7 - total of column 6. 15. The report shall be signed by the resident (persons authorised by the resident). (Annex 5 amended by the NBM’s Decision No 127 of 06.07.2023, in force as of 20.07.2023) (Annex 5 amended by the NBM’s Decision No 30 of 13.02.2018)