2016-12-01
The National Bank of Moldova issued Decision No 335 to approve the Regulation governing the operational conduct of foreign exchange entities. This framework mandates strict transparency requirements, including the visible display of exchange rates, fees, and customer rights at physical counters and currency exchange machines. It further establishes detailed procedural rules for the issuance, modification, and archival of official orders setting these financial parameters.
1 Note: The translation is unofficial, for information purpose only Official Monitor of the Republic of Moldova No 423-429 of 9 December 2016, Article 2096 NATIONAL BANK OF MOLDOVA EXECUTIVE BOARD DECISION No 335 of 1 December 2016 REGISTERED: Ministry of Justice of the Republic of Moldova No 1156 of 6 December 2016 Minister_Vladimir CEBOTARI Amended by: Decision of the Executive Board of the NBM No 162 of10.08.2023, Official Monitor of the Republic of Moldova No 328-331 of 25.08.2023, Article 824 Decision of the Executive Board of the NBM No 159 of 09.07.2020, Official Monitor of the Republic of Moldova No 188-192 of 24.07.2020, art.668 Decision of the Executive Board of the NBM No 235 of 19.09.2019, Official Monitor of the Republic of Moldova No 302 of 30.09.2019, Article 1667 Decision of the Executive Board of the NBM No 203 of 09.08.2018, Official Monitor of the Republic of Moldova No 321-332 of 24.08.2018, Article 1314 Decision of the Executive Board of the NBM No 143 of 02.06.2017, Official Monitor of the Republic of Moldova No 190-200 of 16.06.2017, Article 1164 Approving the Regulation on the Activity of Foreign Exchange Entities Pursuant to Article 5 paragraph (1) letter l), Article 11 paragraph(1), Article 27 paragraph (1) letter c) and Article 51 letters a) and b) of Law No 548/1995 on the National Bank of Moldova (republished in the Official Monitor of the Republic of Moldova, 2015No 297-300, Article 544), with further amendments, Article 4 paragraph (12), Chapter V 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 Executive Board of the National Bank of Moldova (Adoption clause amended by the NBM Decision No 162 of 10.08.2023) DECIDES:
2 Approved by the Decision of the Executive Board of the National Bank of Moldova No 335 of 1 December 2016 Regulation on the Activity of Foreign Exchange Entities Note: In the Regulation:
3 Chapter II. The specific requirements related to the information displayed by the foreign exchange entities Section 1. Displaying information in case of performing operations through counters 5. Inside the foreign exchange entity’s office, where the foreign exchange operations in cash with individuals are directly performed through counter/counters, the following documents/information shall be displayed in a visible place for individuals: a) copy of the license of the foreign exchange office/hotel and in the case of the branch of the foreign exchange office - the authorized copy of the license on the basis of which the currency exchange activity shall be performed. Each copy shall be authenticated by the signature of the manager of the exchange office/hotel manager who is responsible for the cash exchange operations with individuals in the hotel, or a person authorised by them. The respective copies shall be displayed by the licensed banks according to the Regulation on the requirements for publication of information by banks, approved by the Decision of the Executive Board of the National Bank of Moldova No 158/2020; b) current work program of the foreign exchange entity; c) information on mandatory payment which is levied from individuals according to Law No 827/2000 on the Fund for Social Support of the Population; d) order on the current buying and selling rates (the order on the exchange rates) for performing of foreign exchange operations in cash with individuals drawn up in accordance with the requirements established in Chapter III; e) order on the current fees applied while performing foreign exchange operations in cash with individuals drawn up in accordance with the requirements established in Chapter III; f) banknotes payability criteria according to Annex 1; g) information for customers (advertisement) with the following content: “IMPORTANT INFORMATION FOR THE CUSTOMER:
4 displayed on the billboard, in compliance with the requirements set out in Article 43 paragraph (13) - (15) of Law No 62/2008. 7. Exchange rates displayed on the billboard shall correspond to the exchange rates established by the order on exchange rates for performing foreign exchange operations in cash with individuals (which is in force during its work program), according to the provisions of Article 43 par. (81 ) of Law No 62/2008. This provision shall be applied accordingly and related to the information on the fees charged by the foreign exchange entity. 8. On the billboard the decimal signs shall be separated from the integer by a distinct space, a comma, or full stop. The number of decimals for the buying rates of foreign currencies shall be equal to the number of decimals for the selling rates of respective foreign currencies. All digits shall be fully visible in their entirety without any overlapping, including partial overlapping. 9. The information on the billboard, as provided for in paragraphs 6-8, as well as the provisions referred to in paragraph 5 letters d) and e) shall be displayed before the start of cash exchange operations with individuals. If the exchange entity changes the exchange rates during working hours, it shall display the relevant orders and information, before the start of the operations with the application of the newly established rates. The relevant information shall be displayed throughout the working hours of the foreign exchange entity. 9 1 . At the entrance to the currency exchange entity, including each counter of the currency exchange unit, the sign/pictogram indicating the existence of the video surveillance camera shall be displayed, approved by the Decision of the National Center for Personal Data Protection No 581/2015 on the approval of the standardized information form regarding video surveillance. (Paragraph 91 introduced by the NBM Decision No 162 of 10.08.2023, in force as of 20.10.2023) Section 2. Displaying information in case of performing operations via currency exchange machine 10. The foreign exchange entity shall display the following information on the body of the currency exchange machine, in a visible place for individuals: a) identification and contact data of the foreign exchange entity (name, legal form of the organization, registered office, IDNO, phone numbers of the foreign exchange entity); b) contact data of the National Bank of Moldova where complaints on foreign exchange operations may be submitted in accordance with legislation (1 Grigore Vieru Avenue, MD-2005, Chișinău), as well as the telephone number of the National Bank of Moldova to which the individual can call to get information regarding the currency exchange activity (022 822 502), the telephone calls being automatically recorded. 11. The foreign exchange entity ensures displaying on the screen of the currency exchange machine at least the information stipulated in Article 421 paragraph (3) letters b) and h) of Law No 62/ 2008, in compliance with the requirements of Article 43 paragraph (14) and (15) of the mentioned law. 12. The exchange rates displayed on the screen of the currency exchange machine shall correspond to the selling and buying rates established by the order on exchange rates for performing operations via the currency exchange machine (which is in force during the work program), complying to the provisions of Article 43 paragraph (81 ) of Law No 62/2008. This provision shall be applied accordingly to information on the fees applied by the foreign exchange entity while performing operations via the currency exchange machine.
5 13. Upon displaying exchange rates on the screen of the machine, separation of decimal digits from the integer number shall be made through a distinct space, comma, or full stop. The number of decimal digits related to the buying rates of foreign currencies shall be equal to the number of decimal digits related to the selling rates of respective foreign currencies. Chapter III. Exchange rates and fees Section 1. General Provisions 14. The foreign exchange entity shall establish independently the foreign currencies which will be traded within foreign exchange operations in cash with individuals, against which it sets exchange rates, in order to perform the respective operations. 15. The foreign exchange entity sets exchange rates for performance of foreign exchange operations in cash with individuals, as well as fees charged to these operations, by respective orders of the administrator of the foreign exchange entity or of his empowered person, which shall be drawn up in compliance with the requirements established by this chapter. 16. Any change in the exchange rates during the working program shall be the subject of a new order as referred to in paragraph 18. The order shall set the exchange rates to be applied from the date indicated therein. The order shall indicate both the revised as well as the unchanged exchange rates. As from the time of application of newly established exchange rates, the previous order shall be considered invalid and shall be kept inside the premises where foreign exchange operations are carried out directly with individuals for a period of at least 15 calendar days from the date of issue of the relevant order. (Paragraph 16 amended by NBM Decision No 162 of 10.08.2023, in force as of 25.08.2023) 17. Upon establishing the exchange rates for performing foreign exchange operations in cash with individuals as well as while drawing up the order on the respective rates and of the order on fees charged at performing the respective operations, the foreign exchange entity shall follow the provisions of Article 43 paragraph (1) - (8), (81 ), (11), (14) and (16) of Law No 62/2008, of the Decision of the Executive Board of the National Bank of Moldova No 295 of 27 October 2016 “On frequency of exchange rates modification by foreign exchange entities” (Official Monitor of the Republic of Moldova, 2016, No 388-398, Article 1941), of this Regulation as well as depending on the case its internal procedures according to Article 43 paragraph (91 ) of Law No 62/2008 which regulates the modality of modifying during the work program of exchange rates. (Paragraph 17 amended by the NBM Decision No 162 of 10.08.2023, in force as of 25.08.2023) Section 2. Requirements related to drawing up of orders on exchange rates and fees 18. The order on exchange rates for performing foreign exchange operations in cash with individuals shall include at least the following:
6 c) in case of the currency exchange machine- the registration number of the currency exchange machine at the State Tax Service; 3) the address of the foreign exchange bureau of the licensed bank / foreign exchange office / its branch / foreign exchange bureau of the hotel / the address of installation of the currency exchange machine of the licensed bank /foreign exchange office /hotel; 4) the date (depending on the case, period) for which the exchange rates are established; 5) the hour (hours and minutes) as of which exchange rates are applicable for carrying out operations with individuals; 6) the name and code (numeric or alphabetic) of the traded foreign currency, in accordance with ISO 4217 “Codes for representation of currencies and funds”. The number of decimal digits related to the buying rates of foreign currencies shall be equal to the number of decimal digits related to the selling rates of respective foreign currencies; 7) the quantity of quoted units and the exchange rates of these foreign currencies against national currency, with compliance of the provisions of Article 43 paragraph (81 ) of Law No 62/2008. 8) information on exchanges rates under the following conditions: a) the consecutive display of foreign currencies: first group of foreign currencies (US dollar, euro), the second group of foreign currencies (Russian rouble, Romanian leu, Ukrainian hryvnia), the third group of foreign currencies (other foreign currencies); b) display of buy and sell rates in separate columns: buy rates shall be displayed in the left column, and the sale rate in the right column; c) exclusion of display practices that mislead customers. (Paragraph 18 amended by the NBM Decision No 162 of 10.08.2023, in force as of 25.08.2023) 19. Where the foreign exchange entity charges fees, the provision on fees applied while performing foreign exchange operations in cash with individuals shall include at least the following:
7 indicated that the exchange rates of the order therein shall be applied by all foreign exchange bureaux of the licensed bank/branches of the foreign exchange office. This provision shall also be applied accordingly in respect of the provision on fees charged by the foreign exchange entity. 22. The orders referred to in paragraphs 18 and 19 shall be drawn up in a single copy. Where appropriate, several copies of orders thereof may be drawn up, which shall be identical. All copies of the orders shall be signed by the manager of the foreign exchange office / branch/ hotel / licensed bank/ branch / secondary office thereof where the foreign exchange bureau is established or by the person empowered by him/her. 23. The orders specified in the items 18 and 19 may be signed (certified) by applying the qualified advanced electronic signature of the administrator or the person empowered by him/her, in accordance with Law No 124/2022 on Electronic Identification and Trust Services. The representation (conveying) on a paper of the electronic order (copy of the electronic order) to be displayed in a visible place for individuals shall be certified by handwritten signature of the empowered person (who shall ensure the correctness of the information), as well as shall specify that it is a copy of the electronic document. (Paragraph 23 amended by the NBM Decision No 162 of 10.08.2023, in force as of 25.08.2023) 24. In the event when, according to the internal regulations of the licensed bank / foreign exchange office, exchange rates, fees for foreign exchange operations, which are performed by the foreign exchange bureaux of the licensed bank/ branches of the foreign exchange office, are established centrally, the orders specified in paragraphs 18 and 19 shall be sent by fax or, scanned, by email to the branches / secondary offices of the corresponding licensed bank / branches of the foreign exchange office or the information from the respective orders shall be introduced in the informational system of the licensed bank / foreign exchange office. 25. In the event referred to in paragraph 24, on receipt of the orders via fax or email, a photocopy of the received documents shall be made and the person responsible for the activity of the respective subdivision of foreign exchange entity or the person empowered by him/her shall certify the specimens of received orders by his/her signature. In case of receipt of the order drawn up in accordance with paragraph 21, the respective person shall additionally reflect on the received photocopies of orders the information specified in paragraph 18, sub-paragraph 2) letters a) and b) and in sub-paragraph 3) / paragraph 19 sub-paragraph 2) letters a) and b) and in sub-paragraph 3), which is relevant for the respective subdivision. 26. In the event referred to in paragraph 24, on receipt of the information from the respective orders through the informational system of the licensed bank / foreign exchange office, in the respective subdivision of the foreign exchange entity the orders shall be drawn up in accordance with the provisions of paragraph 22. 27. The foreign exchange entity shall ensure, in the manner established by it, that foreign exchange operations are performed via currency exchange machines using the exchange rates and fees that are set in the orders referred to in paragraphs 18 and 19 and that they are applied starting with the hour indicated in respective orders. Section 3. The records of orders on exchange rates and fees 28. The foreign exchange entity shall keep records of the orders referred to in paragraphs 18 and 19 and shall ensure their safekeeping. The manner in which the records are to be kept
8 shall be established by the foreign exchange entity in accordance with the legislation in force, taking into account the peculiarities referred to in paragraph 29. 29. The records of the orders specified in paragraphs 18 and 19 shall be kept:
9 a) foreign exchange operations in cash with individuals specified in Section 1 of this chapter; b) the depositing on its accounts, including on its branches’ accounts, if any, opened with licensed banks, the funds obtained from foreign exchange operations in cash with individuals; c) the withdrawal from its accounts, including from its branches’ accounts, if any, opened with licensed banks, of funds for performing foreign exchange operations in cash with individuals; d) the transmission of funds between the branch and the head office of the foreign exchange office or another branch thereof; e) the transmission of funds from the head office and/or from the branch of the foreign exchange office for replenishment of currency exchange machines; f) the receipt of funds by the head office and/or by the branch of the foreign exchange office withdrawn from currency exchange machines; g) purchase operations of foreign currency with the licensed bank to be subsequently sold to individuals; h) sale operations of foreign currency with the licensed bank received following the foreign exchange operations in cash with individuals. i) the operations of funds reimbursement as a result of revocation of foreign exchange operations by individuals. 35. The operations referred to in paragraph 34 letters g) and h) shall be carried out through the accounts of the foreign exchange office, including the accounts of its branches, if any, opened with licensed banks. 351 . The operations referred to in paragraph 34 letters d), e), and f) shall be carried out in accordance with the provisions of Article 44 paragraphs (1), (2), (4), and (5) of Law No 62/2008, and the provisions of the legislation on accounting and financial reporting and the rules on the use of electronic cash registers. (Paragraph 351 introduced by the NBM Decision No 162 of 10.08.2023, in force as of 25.08.2023) Section 3. The operations performed by the hotel 36. Within the currency exchange activity in cash with individuals, the hotel may perform the following operations: a) foreign exchange operations in cash with individuals referred to in paragraph 30 letters a) and b); b) the transmission from the cashier’s office of the hotel of the funds necessary for replenishment of the foreign exchange bureau and/or the currency exchange machines; c) the receipt by the cashier’s office of the hotel of funds from the foreign exchange office and/or of funds withdrawn from currency exchange machines; d) the depositing on its accounts opened with the licensed banks of obtained funds following the performance of foreign exchange operations in cash with individuals; e) reimbursement as a result of revocation of foreign exchange operations by individuals. Section 4. The operations performed by the licensed bank 37. The licensed bank may perform foreign exchange operations in cash with individuals referred to in Section 1 of this chapter. 38. Under Law No 62/2008, the licensed bank performs the operations of the funds reimbursement as a result of revocation of foreign exchange operations by individuals.
10 39. The licensed bank shall keep records of the foreign exchange operations in cash with individuals separately from other operations carried out by it. Chapter V. Performing foreign exchange operations in cash with individuals Section 1. General Provisions 40. The foreign exchange entity shall perform foreign exchange operations in cash with individuals in compliance with the relevant provisions of Article 41 - 46 of Law No 62/2008. 41. Within performing foreign exchange operations in cash with individuals the foreign exchange entity shall ensure: a) endowing, if necessary, at the beginning or/and during the work program, of counters and of currency exchange machines with funds in Moldovan Lei and foreign currency in order to carry out the operations of buying and selling foreign currency with its clients; b) performing the foreign exchange operations in cash with individuals with application of exchange rates, which are in force at the moment of individual’s request, in accordance with the order on exchange rates; c) registration of all currency exchange operations in cash performed with individuals according to the requirements of tax legislation and/or to this Regulation; c 1 ) continuous real-time monitoring and video recording of cash currency exchange operations with individual customers at each counter throughout the working hours; c 2 ) suspending the currency exchange operations at the counter in case of technical malfunctions or other incidents that render the video monitoring and recording of currency exchange activities within the respective counter impossible, and documenting these incidents in the incidents register related to video surveillance and recording according to Annex 9; d) the obligation to issue to an individual, as the case may be, the cash voucher, the foreign exchange voucher or of the tax document and, in the cases stipulated by this Regulation, also the currency exchange voucher; Letter e) repealed d 1 ) providing the clients with paper forms of the request for revocation of the currency exchange operation (according to Annex 6) in Romanian or, upon request, in Russian; f) reimbursement to the individuals of the funds as a result of revocation by them of the foreign exchange operations, in accordance with provisions of Article 42 paragraph (61 ) and (62 ) of Law No 62/2008; g) the aggregation of performed foreign exchange operations; h) checking the authenticity of banknotes in foreign or national currency and traveller’s cheques in foreign currency received by the individual, acting in accordance with the legislation in force in the event of suspected counterfeiting; i) keeping at the foreign exchange entity, in the manner established by it according to the legislation, the video recordings, and documents obtained/drawn up within the currency exchange activity in cash with individuals; j) performing foreign exchange operations in cash only with customers who are individuals; k) the implementation of other requirements provided for by this Regulation. (Paragraph 41 amended by the NBM Decision No 162 of 10.08.2023, in force as of 20.10.2023) 42. Upon the performance of foreign exchange operations in cash with individuals, the foreign exchange entity shall have and use, if applicable, the forms (on paper and/or, in
11 electronic form with the use of its own information systems) established by this Regulation, of the following documents: a) the currency exchange bulletin; b) the report on performed operations; c) the register on purchase operations of foreign currency; d) the register on sale operations of foreign currency; d 1 ) incidents register related to video surveillance and recording; Letter e) repealed f) the register of the revoked foreign exchange operations; g) the application for revocation of the foreign exchange operation. The manner of keeping the forms of the reports and registers referred to in paragraphs 42 letters b) - f), on paper and / or in electronic form, shall be established by the foreign exchange entity through its internal regulations. (Paragraph 42 amended by the NBM Decision No 162 of 10.08.2023, in force as of 20.10.2023) 43. If the foreign exchange entity uses the forms of reports and of registers referred to in paragraph 42 letters b) - f) in electronic form only, it shall ensure that the forms in question can be accessed at any time, depending on the needs of the foreign exchange entity or at the request of the authorities of foreign exchange control. The provisions of paragraph 29 sub-paragraph 2) shall apply accordingly to the forms referred to in this paragraph. 431 . The manner of identifying the persons who initiate, dispose and / or approve the introduction of information in the forms of reports and registers used in electronic form is established by the foreign exchange entity through its internal regulations. If, during the on-site inspection, the authority of control requests the presentation on paper of the mentioned forms, they shall be printed and signed by the empowered person (employee) of the foreign exchange entity. 44. The foreign exchange entity shall be entitled to introduce the additional information and columns in the documents’ forms referred to in paragraph 42. Section 2 (paragraphs 45 – 54) repealed Section 3. The registration of the operations performed through counter 55. The foreign exchange office / hotel is obliged to register each foreign exchange operation, at the time of its performance, through the electronic cash register and to print the cash voucher, with its elements reflected on the control strip in accordance with the requirements of tax legislation. 551 . The licensed bank is obliged to register each foreign exchange operation, at the time of its performance, in the bank's information system and to print the foreign exchange voucher. 56. The cash voucher / foreign exchange voucher shall be handed over to the customer along with the funds. 57. In addition to the cash voucher/foreign exchange voucher, the foreign exchange entity shall fill in the currency exchange bulletin in the event that: Letter a) repealed b) the electronic cash register used by foreign exchange office / hotel cannot ensure the printing of all the elements provided for by the law in force (including the mandatory payment and fees) on the cash voucher; and /or c) at customer’s request upon presentation of his/her identity document.
12 58. The currency exchange bulletin does not replace the cash voucher/foreign exchange voucher and is not valid without it. 59. The data in the currency exchange bulletin that is also contained in the cash voucher / foreign exchange voucher must match. 60. The currency exchange bulletin shall be drawn up in two copies, in accordance with Annex 2. 61. Once filled in, both copies of the currency exchange bulletin shall be signed by the employee of foreign exchange entity and its customer. By signing, the customer confirms the receipt of the funds and the first copy of the currency exchange bulletin, as well as the veracity of the information about the customer and, if applicable be, the beneficial owner, indicated in the currency exchange bulletin (if such information is provided in the order). 62. The first copy of the currency exchange bulletin shall be attached to the cash voucher or, if applicable, to the foreign exchange voucher, and the second copy shall remain at the foreign exchange entity. 63. In the event referred to in paragraph 57, the currency exchange bulletin attached to the cash voucher or to the foreign exchange voucher shall be handed over to the customer together with the funds. 64. No erasures or corrections shall be allowed on the cash vouchers / foreign exchange vouchers and in the currency exchange bulletins. 65. In cases where the electronic cash register is not functional, the currency exchange activity of the foreign exchange office and the hotel shall be suspended. (Paragraph 65 amended by the NBM Decision No 162 of 10.08.2023, in force as of 25.08.2023) 66. The foreign exchange entity shall register every foreign exchange operation in cash with individuals at the moment of its performance in the separate registers, namely: a) the register of the purchase operations of foreign currency in cash and of traveller’s cheques in foreign currency against Moldovan Lei in cash (the register of purchase operations of foreign currency, according to Annex 3); b) the register of the sale operations of foreign currency in cash and of traveller’s cheques in foreign currency against Moldovan Lei in cash (the register of sale operations of foreign currency, according to Annex 4). The foreign exchange entity can register the performed operations in cash and with traveller’s cheques in separate registers. 661 . The registers referred to in paragraph 66 may be drawn up as a single document, ensuring that all fields specified in Annexes 3 and 4 are accurately included. (Paragraph 661 introduced by the NBM Decision No 162 of 10.08.2023, in force as of 25.08.2023) 67. The erroneous records in the handwritten registers shall be cancelled by crossing out or rectified indicating the date of cancellation /rectification and under the signature of the employee of the foreign exchange entity. 68. In the case of the foreign exchange office / hotel, the information indicated on the control strip must correspond to that information in the registers referred to in paragraph 66.
13 681 . The foreign exchange entity is obligated to ensure real-time video surveillance and recording of cash currency exchange activities with individuals throughout the working hours. Video recordings shall be made at each counter where cash currency exchange operations with individuals are conducted, and they must include at least the date, hour, and minutes of each currency exchange operation. Recordings shall be retained in accordance with Article 42, paragraph (13 ) of Law No 62/2008. (Paragraph 681 introduced by the NBM Decision No 162 of 10.08.2023, in force as of 20.10.2023) 682 . The video recordings at the foreign exchange counter shall, as a mandatory requirement, enable the visual identification of the individual conducting the currency exchange operation and the hands of the foreign exchange entity’s cashier. (Paragraph 68 2 introduced by the NBM Decision No 162 of 10.08.2023, in force as of 20.10.2023) (Paragraph 69 repealed by the NBM Decision No 162 of 10.08.2023, in force as of 25.08.2023) Paragraph 70 repealed Section 4. The registration of the operations performed at the currency exchange machine 71. The foreign exchange entity shall ensure for each foreign exchange operation performed at the currency exchange machine: a) automated recording of this operation, at the moment of its performance, using the electronic cash register with which the currency exchange machine is equipped; b) the printing of the cash receipt or tax document, by reflecting the information provided for in Article 421 paragraph (3) letters b) and e) of Law No 62/2008. 72. The cash receipt or tax document shall be printed at the same time as the funds are issued to the customer. 73. The foreign exchange entity shall ensure that the operation is registered in separate registers at the moment of performance via a currency exchange machine: a) the register of purchase operations of foreign currency in cash against Moldovan Lei in cash; b) the register of sale operations of foreign currency in cash against Moldovan Lei in cash. These records shall contain at least the information indicated in columns 2-5, 7-11 of the records set out in Annexes 3 and 4. 731 . The registers referred to in paragraph 73 may be drawn up in a single document ensuring that all fields specified in Annexes 3 and 4 are accurately included. (Paragraph 731 introduced by the NBM Decision No 162 of 10.08.2023, in force as of 25.08.2023) Paragraph 74 repealed Section 5. The peculiarities related to revocation of the currency exchange operation 75. The revocation of foreign exchange operation by the individual shall be performed with complying to the provisions referred to in Article 42 paragraph (61 ) and, where appropriate, in Article 421 paragraph (3) letter d) of Law No 62/2008. 76.The revocation by the individual of the currency exchange operation, performed until its finalization, shall be done as follows:
14 a) in case of performing the operation through the counter of the foreign exchange entity - on the basis of customer’s oral request; b) in case of performing the operation via the currency exchange machine - according to the machine’s technical characteristics. The foreign exchange entity shall be obliged to reimburse to the individual the funds received. 77. The individual can revoke the foreign exchange operation after its completion only when the operation was carried out through the counter of the foreign exchange entity. The revocation shall be carried out based on individual’s written application in accordance with Annex6 in two copies, with the attached cash voucher issued by the foreign exchange office/hotel or foreign exchange voucher issued by licenced bank. After performance of mentions in both copies of the submitted application about its receipt as well as of the attached voucher by the foreign exchange entity, a copy of the application with the cash voucher attached shall remain at the foreign exchange entity, and the second copy shall be returned to the individual as confirmation of receiving the application with the attached cash voucher. 78. If within the revoked foreign exchange operation, the fees or the mandatory payments were charged, the foreign exchange entity shall also reimburse to the customer the respective amounts. 79. The foreign exchange entity shall reimburse the funds to the individual related to the revoked foreign exchange operation, referred to in paragraph 77, immediately after submission of the application for revocation, and when the foreign exchange entity does not have the necessary funds - no later than on the following working day. 80. Upon receipt and reimbursement of funds, the foreign exchange entity shall make in both copies of the application for revocation the mentions referred to Annex 6, and the individual shall confirm the receipt of the reimbursed funds by applying his/her signature. 81. At the moment of submitting the application for revocation by the customer, the foreign exchange entity is obliged to register each revoked foreign exchange operation in the register of revoked foreign exchange operations, in accordance with Annex 7. 82. In case when the reimbursement of funds is made on the next working day following the day of submission of the application for revocation, shall be proceeded as follows: a) on the day of receipt of application, only columns 1-5 shall be filled in the register and in the columns 6-9 shall be put dashes; b) on the day of reimbursement of funds, all the columns shall be filled in the report for the respective day. Section 6. The aggregation of the foreign exchange operations 83. At the end of the working program, the foreign exchange office/hotel, which carries out its activity through counters shall carry out at least the following operations in relation to foreign exchange operations performed on each electronic cash register, to undertake at least the following actions: a) to obtain aggregated tax documents required by tax legislation; b) to calculate the totals of the operations carried out in the registers referred to in paragraph(according to Annexes 3 and 4); c) to calculate the totals of the operations in the register of revoked foreign exchange operations (in accordance with Annex 7), in case those were performed;
15 d) to check the data relating to the totals calculated in the completed registers with the corresponding data in the aggregated tax documents, which must correspond; e) to compile the report on performed operations during the working program in accordance with Annex 8; f) to verify the balances of Moldovan Lei cash, foreign currency and traveller’s cheques, for each item name, agree with respective balances reflected in the report in Annex 8; g) to ensure the existence of documents which provide information on the performed operations, including the report drawn up in accordance with Annex 8, the second copies of currency exchange bulletins, the documents on the basis of which the funds were received / transferred between the employees within the foreign exchange office/hotel, the control machine’s tape, aggregated fiscal documents the registers drawn up in accordance with Annexes 3, 4, and 7. (Paragraph 83 amended by the NBM Decision No 162 of 10.08.2023, in force as of 25.08.2023) 831 . At the end of the working program, the licensed bank shall, in respect of the currency exchange operations carried out at each counter within the foreign exchange bureaux, to carry out the actions referred to in paragraph 83 letters b), c), e), f), as well as: a) to calculate the totals of currency exchange operations registered in the information system of the bank; b) to check the data related to the totals calculated from the registers indicated in paragraph 66 with the aggregated data indicated in letter a); c) to ensure the existence of the documents in which the information regarding the performed operations is reflected, including the report drawn up according to Annex8, the registers drawn up according to annexes 3, 4 and 7, of the aggregated documents related to the performed operations. 84. Depending on how the work is organized during working hours (such as work in shifts, working through several counters), the foreign exchange entity shall also carry out the actions specified in paragraph 83 during the working hours of the entity. 85. Every day, within the terms and for the period established by the foreign exchange entity through its internal regulations, it shall be obliged to carry out at least the following actions in relation to the foreign exchange operations carried out at each exchange office: a) to calculate, for the established period, the totals for the performed operations reflected in the register of purchase operations and in the register of sale operations; b) to fill in the report on performed operations, in accordance with Annex 8; c) to ensure the existence of documents which reflect the information on performed operations, including the report filled in accordance with Annex 8, the register of purchase operations and the register of sale operations, the aggregated documents of the performed operations. Section 7. The peculiarities of the currency exchange activity 86. While carrying out currency exchange activity in cash with individuals, the foreign exchange entity, in its capacity as a reporting entity pursuant to Law 308 of 22 December 2017 on Prevention and Combating Money Laundering and Terrorist Financing is obliged to comply with the provisions of the concerned law, as well as of the normative acts elaborated under this law, in the part referring to the currency exchange activity. Paragraphs 87 – 89 repealed 90. The foreign exchange entity shall keep the documents related to the performed foreign exchange operations (depending on the case, the control strip, the second copy of currency
16 exchange bulletins, the registers filled in accordance with Annexes 3, 4, and7, the report drawn up according to Annex 8, other documents related to the performed operations) at least for 5 years after the completion of the operations.
17 Annex 1 to the Regulation on the activity of foreign exchange entities Basic criteria for the acceptability of foreign currency banknotes in the case of cash foreign exchange operations with individuals
18 Annex 2 to the Regulation on the activity of foreign exchange entities
(name of the foreign exchange entity / of its subdivision)
(address of carrying out the currency exchange activity)
(IDNO) CURRENCY EXCHANGE BULLETIN (NOT VALID WITHOUT THE CASH VOUCHER/FOREIGN EXCHANGE VOUCHER) Data related to the cash voucher/ foreign exchange voucher Number Date Time I. Information on the individual who directly performs the operation:
(name and surname of the individual, date and place of birth)
(identity document data)
(identification number of the individual)
(address of the individual)
(data of the power of attorney)
(other information) II. Information on the individual in whose name the operation is performed:
(name and surname of the individual, date of birth)
(identity document data)
(identification number of the individual)
(address of the individual)
(other information) III. Information on the operation:
(description of the operation) Funds received from the customer Mandatory payment Fees Operation rate Funds paid to the customer Name of the currency Amount Amount (in MDL) Name of the currency Amount Quoted quantity Exchange rate Name of the currency Amount
(signature of the individual) (signature of the foreign exchange entity employee)
(name and surname of the foreign exchange entity employee)
19 The procedures of filling in the currency exchange bulletin
20 11. Data of the power of attorney: it shall be filled in if the operation is performed in the name of another individual. Shall be indicated the number, date and place (including the country) of issuance of the power of attorney, as well as the name and surname of the competent person who authenticated this power of attorney. 12. Other information: the citizenship and, if appropriate, the public position held by the individual who directly performs the operation and other information shall be indicated. 13. II. Information on the individual in whose name the operation is performed: this information shall be filled in simultaneously with section “Information on the individual who directly performs the operation” in case the operation is performed in the name of another individual. 14. Name and surname of the individual, date of birth: shall be indicated the name, surname and date of birth of the individual in whose name the operation is performed according to the submitted power of attorney. 15. Identification number of the individual: it shall be filled in if submitted power of attorney contains the state identification number of the individual. The state identification number of the individual in whose name the operation is performed shall be written as indicated in the power of attorney. 16. Identity document data: the data of the identity document of the individual in whose name the operation is performed shall be written as indicated in the submitted power of attorney, and namely: the series, number, issue date, the name of the country and of the authority (no. of the office) that issued the document. 17. Address of individual: the address of the individual in whose name the operation is performed shall be written as indicated in the power of attorney. 18. Other Information: shall be indicated the citizenship and, if appropriate, the public position held by the individual on whose name the operation is performed and other information. 19. III. Information on the operation: the operation description shall be indicated (for example, the sale operation of foreign currency in cash against Moldovan lei, the purchase operation of foreign currency in cash against Moldovan lei, the sale operation of traveller’s cheques against Moldovan lei). The name, series and the numbers of cheques shall be indicated while performing operations with traveller’s cheques. 20. “Funds received from the customer”:
21 21. “Mandatory payment”: the amount of funds collected according to the provisions of the Law No 827/2000 on the Fund for Social Support of the Population shall be indicated. 22. “Fees”: a) in the column “Name of the currency” shall be indicated the name or code (numerical or alphabetical) of the currency in which the fee is collected; b) in the column “Amount” shall be indicated the amount of the fee which is collected according to the order on fees charged on performance of the foreign exchange operations in cash with individuals. 23. “Operation rate”: a) in the column “Quoted quantity” shall be indicated the quantity of units of foreign currency for which the exchange rate is indicated (for example: 1 USD, 100 USD); b) in the column “Exchange rate” shall be indicated the rate of exchange of the quoted quantity of the foreign currency against Moldovan Lei in accordance with the order on exchange rates for performing foreign exchange operations in cash with individuals. 24. “Funds paid to the customer”
22 Annex 3 to the Regulation on the activity of foreign exchange entities
(name of the foreign exchange entity / of its subdivision)
(address of carrying out the currency exchange activity)
(IDNO) Registration number of the ECR/currency exchange machine assigned by the State Tax Service __ (to be completed by the foreign exchange office /hotel)________________________________ REGISTER of foreign currency purchases operations
on the date of “___"____________20 (date of compiling) No. Name of foreign currency received:
23 The procedures of filling in the Register of foreign currency purchase operations
24 14. Column 8 “Fees: Currency code”: shall indicate the alphabetic code of the currency in which fees are charged. 15. Column 9 “Amount of Moldovan Lei released”: shall indicate the amount of Moldovan Lei released, determined as follows: a) in case when fees are charged in the national currency – it shall be determined according to the formula: col.6-col.7; b) in case when fees are charged in foreign currency – it shall be determined according to the formula: (col.3 - col.7) *col.5/col.4. 16. The amounts indicated in columns 3-9 must correspond to the amounts indicated in the cash voucher/foreign exchange voucher/fiscal document and the currency exchange bulletin. 17. Column 10 “Data related to the cash voucher/foreign exchange voucher/fiscal document. Number of the cash voucher/ foreign exchange voucher/fiscal document”: the number of the cash voucher/ foreign exchange voucher/fiscal document issued to the customer shall be indicated. 18. Column 11 “Data related to the cash voucher/ foreign exchange voucher/fiscal document. Hour and minutes indicated in the cash voucher/ foreign exchange voucher/fiscal document”: the time (hour and minutes) indicated in the cash voucher/foreign exchange voucher/fiscal document issued to customer shall be indicated. 19. Column 12 “Remarks about revocation of the operation”: shall be indicated the word “revoked” in case a foreign exchange operation was revoked by the individual. 20. In the section “Total” the summing up of the operations performed shall be carried out by completing the respective lines of columns 2, 3, 6-9. In columns 4 and 5 shall be indicated the purchase rates of foreign currencies, with application of which operations were performed. The summing up is performed for each foreign currency and, if appropriate, on each denomination of traveller’s cheques in foreign currency. The summing up shall be indicated without excluding the amounts pertaining to revoked operations if the operations have been performed. 21. The Register on paper shall be signed by the employee of the foreign exchange entity, who filled in the Register.
25 Annex 4 to the Regulation on the activity of foreign exchange entities
(name of foreign exchange entity / of its branch)
(address of developing the currency exchange activity)
(IDNO) Registration number of the ECR /the currency exchange machine assigned by the State Tax Service (to be completed by the foreign exchange office/hotel) REGISTER of foreign currency sales operations
on the date of “___"____________20 (date) No. Denomination of foreign currency released:
26 The procedures of filling in the Register of foreign currency selling operations
27 13. Column 7 “Selling rate. Quantity of listed units” shall indicate the quantity of foreign currency units for which the exchange rate in accordance with the provision on currency rates for carrying out foreign exchange operations in cash with individuals shall be indicated. 14. Column 8 “Selling rate: Exchange rate” shall indicate the exchange rate against the Moldovan Lei of the listed quantity of foreign currency in accordance with the provision on currency rates for carrying out foreign exchange operations in cash with individuals. 15. Column 9 “The amount of foreign currency released” shall indicate the amount of foreign currency released, which is calculated according to formula: col.6/col.8*col.7. 16. The amounts indicated in columns 3-9 must correspond to the amounts indicated in the cash voucher/foreign exchange voucher / fiscal document and currency exchange bulletin. 17. Column 10 “Data related to the cash voucher/foreign exchange voucher/fiscal document. Number of the cash voucher/foreign exchange voucher/fiscal document” shall indicate the number of the cash voucher/ foreign exchange voucher/fiscal document issued to the customer. 18. Column 11 “Data related to the cash voucher/foreign exchange voucher/fiscal document. Hour and minutes indicated in the cash voucher/ foreign exchange voucher/fiscal document” shall indicate the time (hour and minutes) stated in the cash voucher/foreign exchange voucher/fiscal document issued to customer. 19. Column 12 “Mentions about revocation of the operation” shall indicate the word “revoked” in case the foreign exchange operation has been revoked by the individual. 20. In the section “Total” the summing up of performed operations shall be carried out by filling in the respective lines in columns 2-6 and 9. In columns 7 and 8 shall be indicated the selling rates of foreign currencies, by applying which the operations have been carried out. The summing up is performed for each foreign currency and, if appropriate, on each denomination of traveller’s cheques in foreign currency. The summing up shall be indicated without excluding the amounts of the revoked operations if the operations have been performed. 21. The Register on paper shall be signed by the employee of the foreign exchange office, who filled in the Register. Annex 5 repealed
28 Annex 6 to the Regulation on the activity of foreign exchange entities Application for Revocation of the Foreign Exchange Operation Hereby, ______________________________________________________________________, (name and surname of customer of the foreign exchange entity) in accordance with Article 42 paragraph (61 ) of the Law No 62/2008 on Foreign Exchange Regulation, request revocation of the operation
(of purchase or sale of foreign currency) carried out at __________________________________________________________________ (full name of the foreign exchange entity which performed the operation of currency exchange) on date of __ _______________, ____ _____ time _____ _________. (hour and minutes) To this application I attach the cash voucher/foreign exchange voucher No __________________ issued on __ _______________, time _______ _______. (hour and minutes) This application is submitted at ___ ___. (time)
(Customer’s signature of the foreign exchange entity) Remarks of the Foreign Exchange Entity:
(Name and surname, signature of the foreign exchange entity employee who received the application) 2. Reimbursement of funds in amount of _______________________________, of which: (shall be indicated in digits and letters)
(Name and surname, signature of the foreign exchange unit employee, who restituted the funds) 3. Identity card presented ________________________________________________ (shall be filled in if applicable) Confirm the reception of restituted funds________________________________________ (Signature of the customer of the foreign exchange entity) Date ___ ___________________
29 Annex 7 to the Regulation on the activity of foreign exchange entities
(name of foreign exchange entity / of its branch)
(address of the currency exchange activity)
(IDNO) Registration number of the ECR/currency exchange machine assigned by the State Tax Service (to be completed by the foreign exchange office /hotel)_________________________________
REGISTER of Revoked Foreign Exchange Operations on the date of __ ____________ No. Date and time of submitting the request for revocation of the operation Date and time of performing the revoked operation (according to the cash voucher/ the foreign exchange voucher presented) Name and surname of the individual who submitted the application for revocation of currency exchange operation Type of the operation (of purchasing or selling foreign currency) that was revoked Amount and denomination of funds received from the individual Amount and denomination of funds reimbursed to individual Total including (if applicable) fees Mandatory payment 1 2 3 4 5 6 7 8 9 Employee of the foreign exchange entity, who made the entry in the Register on paper ___________________________________ (signature)
30 Annex 8 to the Regulation on the activity of foreign exchange entities
(name of foreign exchange entity / of its branch)
(address of the currency exchange activity)
(IDNO) Report on the carried out operations on the date of “"____________ 20____ Name of indicators:
31 The Procedures of Compilation of the Report on the carried out operations
32 a) the equivalent in Moldovan lei at purchase rate of amounts (reflected in column 3) of cash in foreign currency and of traveller’s cheques in foreign currency purchased from individuals; b) in the line “Amount of fees charged” – if applicable, the amounts of fees charged in Moldovan Lei while performing foreign exchange operations in cash with individuals; c) in the line “Mandatory payment amount” - the amount of mandatory payments collected according to Law No 827/2000 on the Fund for Social Support of the Population; d) in case of restitution of funds following customers’ revocation of foreign currency purchase operations, the amounts indicated in letters a) - c) shall be reflected after the deduction of amounts pertaining to revocation operations; e) in the line “Moldovan Lei” - the amount calculated by summing the amounts in Moldovan lei reflected in the lines of Column 6, of mandatory payment amounts charged and of fees charged in Moldovan Lei reflected in the respective lines of column 4. 12. In column 5 “Payments: in foreign currency” shall be indicated in original currency the amounts of cash in foreign currency and of traveller’s cheques in foreign currency sold to individuals, and in case of funds restitution the following revocation by customers of foreign currency selling operations, the amounts thereof shall be reflected after the deduction of amounts pertaining to operations of revocation. 13. In column 6 “Payments: in “Moldovan Lei” shall be indicated: a) the equivalent in Moldovan Lei at the selling rate of amounts (reflected in column 5) of cash in foreign currency and of traveller’s cheques in foreign currency sold to individuals. In case of reimbursement of funds as a result of customers’ revocation of foreign currency selling operations, the amounts shall be reflected after deduction of amounts pertaining to revocation operations; b) in the line “Moldovan Lei” - the amount calculated by summing the amounts in Moldovan Lei reflected in the lines of column 4 (except the amount of mandatory payment collected and of fees collected in Moldovan Lei reflected in the respective lines of column 4). 14. In column 7 “Transmitted during the work program” shall be indicated in the original currency the amounts of cash and of traveller’s cheques transmitted during the work program. 15. In column 8 “Balance at the end of the work program” shall be indicated: a) the amounts in original currency of cash in foreign currency and of traveller’s cheques in foreign currency at the end of work program, which must be equal to the amounts determined by the formula: col.1 + col.2 + col.3 - col. 5-col.7. In case when fees are charged in foreign currency, to the amount determined according to the formula herein, shall be added the amounts of fees charged in foreign currency reflected in column 3. In the case of operations carried out through the currency exchange machine incorporated in ATMs, in column 8 shall be indicated zero; b) in the line “Moldovan Lei” - the amount of cash of Moldovan Lei at the end of work program, which must be equal to the amount determined by the formula: col.1 + col.2 + col.4- col.6-col.7. In the case of operations carried out through the currency exchange machine incorporated in ATMs, in column 8 shall be indicated zero. 16. The report on paper shall be signed by the employee of the foreign exchange entity, who drawn up the report.
33 Annex 9 to the Regulation on the activity of foreign exchange entities
(Name of the foreign exchange entity/its subdivision)
(Address of the conduct of the foreign exchange activity)
(Counter number)
(Cashier’s name, surname) INCIDENTS REGISTER REGADING THE VIDEO SURVEILLANCE AND RECORDING No Duration of the incidents Occurrence of the video incident Fixing the video incident Date, time, minutes of the incident Name, surname, job title of the person who witnessed the incident Signature Date, time, minutes of fixing the incidents Name, surname, job title of the person who witnessed the incident Signature 1 2 3 4 5 6 7 8 *Each incident shall be indicated according to the order number, in compliance with paragraph 41 letter c2 ) of this Regulation. (Annex 9 introduced by the NBM Decision No 162 of 10.08.2023, in force as of 20.10.2023)