2025-07-17
The National Bank of Moldova issues this Regulation to establish the procedures for supervising foreign exchange entities and applying sanctions for violations of foreign exchange and anti-money laundering laws. It defines control types, including scheduled and unannounced inspections, and details inspector powers to access premises, request documents, and conduct on-site checks. The document further outlines the enforcement of sanctions such as warnings, fines, and license suspensions, specifying the criteria for individualizing penalties and the notification processes for administrative acts.
Note: The translation is unofficial, for information purpose only REGULATION on the Supervision of Foreign Exchange Entities Published in the Official Monitor of the Republic of Moldova no. 405-408 on 30.07.2025, art. 617 Approved by By the Decision of the Executive Board of the National Bank of Moldova No 163 of 17 July 2025 (in force from 30 July 2025) Chapter I GENERAL PROVISIONS
5.1. on the date of the foreign exchange operation – in the case referred to in Article 42¹ paragraph (2) letter c) and Article 42¹ paragraph (3) letter f) of Law No 62/2008; 5.2. on the date on which the calculation is made – in the case referred to in Article 44 paragraph (4) of Law No 62/2008. 6. Information regarding the violations (identified during the control) of the provisions of Law No 62/2008 concerning the use of cash register and control equipment by the foreign exchange entity/its branches or the currency exchange point of a hotel shall be transmitted by the NBM to the State Tax Service for the purpose of applying appropriate measures in accordance with the applicable legislation. 7. In the course of the supervision process, including control procedures, the communication/notification of individual administrative acts/ documents shall be carried out through electronic means of communication, such as official email addresses and/or the NBM's Information Systems. In case where delivery of individual administrative acts / documents by electronic means is not possible, notification shall be carried out using, as applicable, one of the methods provided under Article 112 paragraph (1) letter a)–d) of Law No 548/1995. 8. If the notification methods referred to in paragraph 7 are unsuccessful, including cases where the recipient is unavailable or cannot be contacted, the provisions of Article 112 paragraph (10) of Law No 548/1995 shall apply. 9. An individual administrative act / document shall be deemed to have been notified in accordance with the provisions of Article 112 paragraph (1) letter a), paragraph (3), (4), (8)–(10) of Law No 548/1995, depending on the method of notification used. 10. Foreign exchange entities shall update their email address information in accordance with paragraph 38 of the Regulation on the Licensing of Foreign Exchange Entities, approved by Decision No 304/2016 of the Executive Board of the National Bank of Moldova. Chapter II TYPES OF CONTROL 11. The control of a foreign exchange entity may be categorized: 11.1. depending on the type of control: 11.1.1. scheduled control – a control conducted on the basis of a control plan approved by the NBM; 11.1.2. unannounced control – a control that is not included in the NBM’s control plan. 11.2. depending on the aim of control:
11.2.1. complex control – a control aimed at thoroughly verifying the foreign exchange entity's compliance with the provisions of Law No 62/2008 and/or Law No 308/2017 and the NBM's normative acts issued for their implementation; 11.2.2. thematic control – a control aimed at verifying one or more specific areas in terms of compliance by the foreign exchange entity with the provisions of Law No 62/2008 and/or Law No 308/2017 and the NBM's normative acts issued for their implementation. 12. The control plan shall be drawn up taking into account: the frequency of the previous controls, violations identified during previous controls, the measures taken to cease or eliminate previously detected violations, the results of the continuous monitoring, the risks associated with foreign exchange activity, the complaints recorded by the NBM. Chapter III CONDUCTING THE CONTROL 13. For the purpose of carrying out the control , the NBM issues a decision on conducting the control, in accordance with the provisions of Article 75¹paragraph (3) of Law No 548/1995. The decision may be issued by the Governor, First Deputy Governor, Deputy Governor, or the head of the NBM unit responsible for the supervision of foreign exchange entities. 14. The Decision on conducting control shall include at least: the name of the foreign exchange entity subject to control, the type of control, the designated inspectors (hereinafter – inspectors), the period subject to control, the start date of the control, the position, name, surname, and signature of the person issuing the Decision. 15. The Decision on conducting the control shall be notified to the foreign exchange entity in accordance with paragraphs 7–9. 16. Simultaneously with the Decision on conducting the control, the NBM may notify the list of documents and information that must be submitted by the foreign exchange entity at the start of the control. During the control, the NBM may request additional documents/information, setting a deadline for submission. The timeframe for completing the control procedure shall be suspended pursuant to Article 11 paragraph (38 ) of Law No 548/1995. 17. The Decision on conducting the control may be amended by a Decision issued by the persons referred to in paragraph 13. 18. While carrying out the control of a foreign exchange entity, inspectors shall have the right: 18.1. to enter the premises of the foreign exchange entity, including safes, data in cash register and control equipment, foreign exchange machines, and other technical means used in the course of conducting foreign exchange operations with individuals;
18.2. to request submission of documents and information necessary for the inspection and, if deemed necessary, make copies thereof. 18.3. to request the generation of totalizing tax documents (X report) and/or reports of operations conducted, containing accurate data for the inspection day, up to the time of control; 18.4. to use technical means (audio, video, photo) to certify observed facts; request, as applicable, explanations from the representative of the foreign exchange entity (as the case may be: the administrator, cashier, or another person authorized to act on behalf of the foreign exchange entity in accordance with civil legislation); and/or invite one or more witnesses. 19. The administrator, cashier, any other person authorized to act on behalf of the foreign exchange entity, and its employees are not entitled to personally control the inspectors, their technical means, including phones and electronic data carriers; nor may they seize such means or prevent their use during the control. 20. During a control, the NBM may conduct on-site inspections in accordance with Articles 58 paragraph (3) and 62 of Law No 62/2008, Article 75¹ of Law No 548/1995, and the provisions of this Regulation. 21. The on-site inspection may include the performance of a control purchase in accordance with Article 62¹ of Law No 62/2008. 22. The on-site inspection shall be carried out based on a Decision issued by the NBM that includes at least the information provided for in Article 62 paragraph (4) of Law No 62/2008 and, in the case specified in paragraph 21, also provides for the performance of the control purchase. The on-site inspection may also be conducted based on the Decision on the conduct of the control referred to in paragraph 13, if it includes reference to the on-site inspection and the related details, and, where applicable, provides for the control purchase. 23. In order to conduct an on-site inspection, the NBM Decision shall be communicated to the foreign exchange entity simultaneously with the initiation of the on-site inspection. Where the NBM Decision also provides for the performance of a control purchase, the Decision shall be communicated after the control purchase has been carried out. 24. The on-site inspection of a foreign exchange entity shall be carried out by at least two designated inspectors, who shall present their work identification cards at the time the NBM Decision is communicated to the foreign exchange entity. 25. During the on-site inspection, the inspectors shall record the established facts and circumstances in a record of findings from the on-site inspection, using the form set out in the Annex and in accordance with the provisions of Chapter IV. 26. During the on-site inspection, the foreign exchange entity or its branch are obliged to present to the inspection team all the funds available within its premises,
including in safes, in order to verify the existence of funds in the amount established under Article 44 paragraph (1) and/or (2) of Law No 62/2008, as applicable. 27. If the amount of funds available within the premises of the foreign exchange entity or its branch subject to the on-site inspection, including in safes, is lower than the amount established in Article 44 paragraph (1) and/or (2) of Law No 62/2008, the exchange entity shall present supporting documents confirming the amount of funds held at the time of the on-site inspection in accounts opened with banks and/or in currency exchange machines. If the requested documents cannot be presented at the time of the on-site inspection, the exchange entity shall submit them within 5 working days from the date of the inspection. The time limit for completing the control procedure shall be deemed suspended until the aforementioned documents are submitted, but no later than the expiry of the 5-day period. 28. If one or more witnesses are involved in the on-site inspection, such persons shall meet the following criteria: they shall be individuals with full legal capacity, disinterested in the outcome of the inspection, and not related, within the meaning of Law No 133/2016 on the declaration of assets and personal interests, to the NBM inspectors, employees, or the shareholders/associates of the foreign exchange entity. 29. The assistant witness (es) shall have the right to be informed of the reason for their involvement in the inspection, to take note the NBM Decision on the conduct of the control, and to make comments regarding the content of the record of findings from the on-site inspection concerning the facts (actions) they have witnessed. 30. By signing the record of findings from the on-site inspection, the assistant witness(es) confirm the truthfulness of the recorded information and undertake to maintain the confidentiality of any information considered a trade secret, banking secret, or any other legally protected secret to which they have been exposed. 31. For the purposes of Article 65 paragraph (1) letter (f) of Law No 62/2008, obstruction of the inspection of a foreign exchange entity and/or evasion from providing the requested information and documents shall be understood as any of the following: 31.1. denying access to the premises of the foreign exchange entity and/or to safes, and/or to currency exchange machines, and/or to data from cash register and control equipment or other technical means, and/or to the information contained in the standard document forms established by the NBM; 31.2. preventing inspectors from using technical means (audio, video, photo) to record facts and/or from involving witnesses; 31.3. suspending the activity of the foreign exchange entity, including on the day or during the period scheduled for the inspection or on-site inspection, without informing the NBM in accordance with the provisions of Law No 62/2008;
31.4. failure to submit the requested information, documents, or explanations in the context of the inspection and/or failure to fulfill in due time or improper fulfillment of the requirements set by the inspectors during the inspection. 32. As a result of the control of the foreign exchange entity, a report on the control results shall be drawn up in accordance with the provisions of Article 62 paragraph (5) of Law No 62/2008 and the provisions of Chapter IV. Chapter IV SPECIFIC FEATURES OF DRAWING UP THE ACT ON INSPECTION RESULTS DURING THE ON-SITE INSPECTION AND THE ACT ON THE CONTROL RESULTS 33. The act on inspection results of the on-site inspection shall be drawn up and signed by the inspectors. In the event that an assisting witness/witnesses are involved, the act on inspection results of the on-site inspection shall also be signed by the assisting witness/witnesses, indicating their name, surname, patronymic, and contact details (place of residence/domicile and telephone number). 34. If the designated spaces in the act on inspection results during the on-site inspection are insufficient to fully record the facts and circumstances established during the inspection, the information shall be continued on additional pages attached to the act on inspection results, which shall form an integral part thereof. Each additional page shall be signed by the inspectors and, where applicable, by the assistant witness(es) involved in the on-site inspection. 35. Following the review of the documents and information submitted during the control and/or, where applicable, based on the act on inspection results during the on-site inspection, the inspectors shall draw up the act on the control results, which shall be signed by them and notified to the foreign exchange entity subject to inspection and/or, as applicable, to the persons mentioned in the act, in accordance with Article 62 paragraph (5) of Law No 62/2008. 36. The act on the control results shall include at least the following information: the date and number of the Decision on conducting the control; the name, registered office, and operating address of the foreign exchange entity subject to control; the period of activity covered by the control; the findings of the control; and the names, surnames, and signatures of the inspectors. 37. Where, based on the results of the control, a decision that is unfavourable to the foreign exchange entity or to other persons referred to in act on the control results is to be issued, at the time of notification of the act on the control results, the respective party shall also be given the opportunity to present their position in writing to the NBM within 10 working days from the date of notification, for the purpose of being heard. In this regard, the provisions of Article 11 paragraph (34 )–(37 ) of Law No 548/1995 shall apply accordingly.
Chapter V ENFORCEMENT OF SANCTIONS FOR VIOLATIONS RELATED TO FOREIGN EXCHANGE Section 1. General Provisions 38. The application of sanctions for violations of the provisions of Law No 62/2008 and the normative acts of the NBM committed by banks through their foreign exchange bureaux or currency exchange machines shall be done in accordance with Articles 75 and 75² of Law No 548/1995 and Chapter 5 of Title V of Law No 202/2017 on the activity of banks. 39. The application of sanctions to foreign exchange entities and hotels holding an NBM license (hereinafter – licensee) shall be carried out in accordance with Articles 63–66 of Law No 62/2008, Articles 75 and 75² of Law No 548/1995, and the provisions of this Regulation. 40. Pursuant to Article 63 paragraph (3) of Law No 62/2008 and Article 75 paragraph (1) letter (c) of Law No 548/1995, the NBM may apply the following sanctions to a licensee: 40.1. issue a written warning; 40.2. a fine ranging from MDL 10,000 to MDL 40,000; 40.3. partial or total suspension of foreign exchange activity in cash with individuals; 40.4. withdrawal of the license or of the authorized copy of the license. 41. The sanctions and remedial measures imposed on a licensee, in accordance with Law No 62/2008 and Law No 548/1995, shall be applied pursuant to Article 75² paragraph (2) of Law No 548/1995. 42. The decision to impose a sanction shall be based on an examination of the control findings and the position of the foreign exchange entity, if such position was submitted in accordance with Article 11 paragraph (34 )–(37 ) of Law No 548/1995. 43. The individualisation of sanction shall consider at least the following criteria, insofar they can be determined: 43.1. the seriousness and impact of the violation on the licensee’s activity; 43.2. the duration and frequency of the violation; 43.3. the repetitive nature of the violation, as determined under Article 75² paragraph (5) of Law No 548/1995; 43.4. where applicable, the amount of funds involved in subject matter of the violation, including in the cases set out in Article 42 paragraph (3¹), (3²) and Article 44 paragraph (1), (2), (3), (4), (5) of Law No 62/2008; 43.5. the actions taken by the licensee following the violation, including: 43.5.1. the degree of cooperation shown during the control conducted by the NBM, namely whether the licensee responded promptly and effectively to all requests made by the NBM and/or the licensee provided incomplete information and/or the information provided misled the NBM;
43.5.2. the effectiveness and timeliness of the remedial actions taken by the licensee in relation to the violation. 44. The Decision to impose a sanction shall be notified to the licensee in accordance with paragraphs 7–9 of this Regulation. 45. The licensee against whom sanctions have been imposed shall be obliged, within the time frame set out in the sanction Decision, to remedy the identified violations, inform the NBM of their rectification, and, where applicable, take other actions provided for in the sanction Decision and this Regulation. 46. Information on sanctions imposed on foreign exchange entities shall be published on the official website of the NBM in accordance with Article 75³ of Law No 548/1995. 47. To verify the implementation of the sanction Decision, the NBM may carry control pursuant to Article 62 paragraph (3) letter (a) of Law No 62/2008 and this Regulation. Section 2. Warning issued to the Licensee 48. The warning shall be issued if the licensee commits violations not covered by Articles 65 and 66 of Law No 62/2008, taking into account the criteria set forth in paragraph 43. 49. The warning shall be issued within the time limit provided under Article 64 paragraph (2) of Law No 62/2008. 50. When applying a warning, the provisions of Article 75 paragraph (4), (5) and Article 75²paragraph (4)–(6) and (14) of Law No 548/1995 shall be taken into account. Section 3. Application and incontestable collection of fines imposed to the Licensee 51. The NBM shall impose a sanction in the form of a fine on the licensee within the limits provided by Article 75 paragraph (1) letter (c) of Law No 548/1995, in the event of violations not covered by Articles 65 and 66 of Law No 62/2008 and considering the criteria provided for by paragraph 43. 52. The Decision to impose a fine shall be issued within the timeframe provided under Article 64¹paragraph (2) of Law No 62/2008. When imposing the fine, the provisions of Article 75² paragraph (4)–(6) of Law No 548/1995 shall apply. 53. For the enforcement of the Decision to impose a fine, the provisions of Article 75² paragraph (10), (11) letter (b), (11) letter (c), and (12)–(14) of Law No 548/1995 shall apply. If the fine is not paid within 10 working days from the date the Decision is received, the National Bank shall submit, including via automated information systems for the creation and circulation of electronic documents, the extract from
the Decision accompanied by a payment order for the incontestable collection of the fine to the payment service provider where the license holder holds an account. 54. In case of failure to enforce the Decision on the fine in accordance with point 53, the provisions of Article 75² paragraph (11) letter (c) of Law No 548/1995 shall apply. 55. The proof of voluntary payment of the fine by the licensee shall be provided by sending to the NBM a copy of the document confirming payment, issued by a resident payment service provider. Section 4. Suspension and resumption the licensee’s foreign exchange activity 56. The Decision on the suspension of foreign exchange activity shall be adopted, notified to the licensee, and enforced by the latter in accordance with the provisions of Article 65 of Law No 62/2008, and this Regulation. When adopting the Decision to suspend foreign exchange activity, the provisions of Article 75² paragraph (4)–(6) and (14) of Law No 548/1995 shall apply. 57. In the event that any of the grounds provided for in Article 65 paragraph (1) of Law No 62/2008 are found in the activity of the foreign exchange entity carried out through a branch and/or through an currency exchange machine, the activity of foreign exchange in cash with individuals conducted through that branch or currency exchange machine subject to control shall be suspended. 58. The NBM shall impose the sanction of suspension of foreign exchange activity on the licensee in accordance with the limit provided for in Article 65 paragraph (2) of Law No 62/2008 and the criteria provided for in paragraph 43. 59. Unless otherwise specified in the Decision to suspend the activity of foreign exchange in cash with individuals, the licensee shall, within 3 working days from receipt of the Decision, carry out, as applicable, the actions set forth under paragraph 60. 60. Where a Decision is adopted to suspend foreign exchange activity in cash with individuals, the licensee shall: 60.1. suspend the foreign exchange activity of the head office and/or branch(es), and/or the activity conducted via currency exchange machine(s), and/or exchange point(s) indicated in the Decision of NBM; 60.2. inform the NBM in writing of the suspension of the foreign exchange activity of the head office and/or branch(es), and/or via currency exchange machine(s), and/or exchange point(s) indicated in the Decision of NBM; 60.3. display at visible places at the head office and/or branch(es), and/or at the currency exchange machine(s), and/or exchange point(s) indicated in the Decision of NBM, notices regarding the suspension of the foreign exchange activity based on the Decision of NBM, indicating the suspension period.
by the Executive Board of the NBM, considering the provisions of Article 75² paragraph (3), (10)–(15) of Law No 548/1995. 69. The sanction provided for in Article 34 paragraph (1) letter (b) of Law No 75/2020 may be imposed by the Governor, First Deputy Governor, Deputy Governors, or the head of the NBM subdivision responsible for the supervision of foreign exchange entities in the area of prevention and combating of money laundering and terrorist financing. 70. The fine for individuals or legal entities shall be imposed in accordance with Articles 34 and 40 of Law No 75/2020. 71. In the case of sanctions applied under Article 34 paragraph (1) letter (c) of Law No 75/2020, the provisions of Sections 4 and 5 of Chapter V shall apply, to the extent they do not conflict with the provisions of Law No 75/2020 and remain relevant to the field of preventing and combating money laundering and terrorist financing.
Annex to the Regulation on Supervision of Foreign Exchange Entities NATIONAL BANK OF MOLDOVA 1 Grigore Vieru Avenue, MD-2005, Chisinau, Republic of Moldova Act on inspection results from the on-site inspection No __________ ______ ______20 ____________________________ ( place of drawing up) Undersigned,
(NBM inspectors’ position, name, and surname)
_ Pursuant to Chapter VIII of Law No 62/2008 on Foreign Currency Regulation and/or Chapter III of Law No 308/2017 on Combating Money Laundering and Terrorist Financing, carried out the
(scheduled /unannounced) on-site inspection according to the Decision of the National Bank of Moldova No ________________________ of _____________________, at the foreign exchange entity
(name of the foreign exchange entity, number and date of issue of the licence/authorised copy of the licence) with the head office_______________________________________________________________________________ (head office of the foreign exchange entity) with the address of the foreign exchange activity________________________________________________________
(address of the foreign exchange activity of the exchange entity) in the presence of ___-
(position, name, and surname of the representative, as applicable: administrator, cashier of the exchange entity or other person authorised to act on behalf of the foreign exchange entity in accordance with civil legislation) Time of the start of the inspection __________________.
Results of the on-site inspection I. Findings on currency values at the time of the start of the inspection: At the time of the inspection, all foreign exchange assets on the premises of the foreign exchange entity belong to
(name of the foreign exchange entity) Fact confirmed under the sole responsibility of:
(position, name, and surname of the representative, as applicable: administrator, cashier of the exchange entity or other person authorised to act on behalf of the foreign exchange entity in accordance with civil legislation)
Name of currency values, currency In nominal Purchase price Name of currency values, currency In nominal Sales price USD USD EUR EUR RUB RUB RON RON UAH UAH MDL MDL 5. Transmitted during the day 6. Balance at the time of inspection according to the records Name of currency values, currency In nominal No of doc. Name of currency values, currency In nominal Equivalent in MDL at official exchange rate According to ECC According to the NBM form According to ECC According to the NBM form USD USD EUR EUR RUB RUB RON RON UAH UAH MDL MDL X 7. Actual balance at time of inspection * 8. Difference between the bookkeeping data and the actual balance Name of currency values, currency In nominal Equivalent in MDL at official exchange rate Name of currency values, currency Surplus of cash in hand (p.7 - p.6) Shortage of cash in hand (p.6 - p.7) According to ECC According to the NBM form According to ECC According to the NBM form USD USD EUR EUR
RUB RUB RON RON UAH UAH MDL X MDL Total X II. The activity of the foreign exchange entity examined from the perspective of compliance with Law No 62/2008 on Foreign Exchange Regulation and the regulatory acts issued pursuant thereto.
III. The activity of the foreign exchange entity examined from the perspective of compliance with Law No 308/2017 on the Prevention and Combating Money Laundering and Terrorist Financing and the regulatory acts issued pursuant thereto:
IV. Other mentions (in case of the use of technical means, the involvement of witness(es), statements of the witness(es), remarks regarding the impossibility of conducting the on-site inspection, statements of the representative of the foreign exchange entity, etc.).
Time of completion the on-site inspection/of recording the impossibility to conduct the inspection_________________. Attached files:______ pages. Annexes (title, number and date, if the case may be; number of pages):
V. Signatures: Inspectors of the National Bank of Moldova
Witness (if had been involved)
name, surname By signing the act on inspection results from the on-site inspection, I acknowledge the facts established during the inspection and I undertake to maintain the confidentiality of any information constituting commercial, banking or other legally protected secrets of which I have become aware in connection with the inspection.
Signature The act on inspection results from the on-site inspection may be contested only together with the act on inspection results drawn up pursuant to Article 62 paragraph (5) of Law No 62/2008 on Foreign Exchange Regulation.