Decision on the Content, Deadlines and Manner of Submitting Data on Virtual Currencies to the National Bank of Serbia

RS Official Gazette, No 119/2023
Pursuant to Article 10, paragraph 1, and Article 125, paragraph 4 of the Law on Digital Assets (RS Official Gazette, No 153/2020) and Article 18, paragraph 1, item 3) and Article 68, paragraph 2 of the Law on the National Bank of Serbia (RS Official Gazette, Nos 72/2003, 55/2004, 85/2005 – other law, 44/2010, 76/2012, 106/2012, 14/2015, 40/2015 ‒ CC decision and 44/2018), the Governor of the National Bank of Serbia hereby issues this D E C I S I O N ON THE CONTENT, DEADLINES AND MANNER OF SUBMITTING DATA ON VIRTUAL CURRENCIES TO THE NATIONAL BANK OF SERBIA Basic provisions

1. This Decision sets out the content, deadlines and manner of
   submitting data on virtual currencies, namely:

1. data on the provision of virtual currency services which service
   providers are obliged to submit to the National Bank of Serbia (NBS);
2. data on service providers and payment transactions connected with
   virtual currency transactions which banks, other payment service providers and payment card schemes are obliged to submit to the NBS.

2. Data from Section 1 of this Decision shall be collected by the NBS for
   statistical purposes, monitoring the development of the virtual currency market and supervising service providers.
3. For the purposes of this Decision, the following terms shall have the
   following meaning:

1. service provider means a digital asset service provider in the part
   of its operations pertaining to virtual currencies, for which the company is licensed by the NBS to provide virtual currency services;
2. virtual currency user means a natural person, entrepreneur or a
   legal person that uses or has used a virtual currency service with a service provider;
3. virtual currency transaction means purchase, sale, acceptance or
   transfer of virtual currencies or exchange of a virtual currency for another virtual currency and/or other digital assets;
4. virtual currency service means one or more services referred to in
   Article 3, paragraph 1 of the Law on Digital Assets (hereinafter: Law);
5. other services means services directly related with virtual currency
   services from Article 4, paragraph 2 of the Law;
6. crypto ATM means an automated machine that allows the
   purchase and sale of virtual currency for money (dinars) and/or exchange of a virtual currency for other virtual currencies and/or other digital assets;

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7) bank means a bank seated in the Republic of Serbia, licensed by
the NBS, in accordance with the law governing banks;
8) payment service provider, payment transaction, payment account,
payment instrument, current account, credit transfer and payment services user have the meanings as set out in the law governing payment services;
9) other payment account means a payment account which is not a
current account, and is kept by a bank or another payment service provider for one or more service providers;
10) payment card means a payment instrument such as a physical or
electronic card used for initiating a payment transaction;
11) payment card scheme has the meaning set out in the law
governing interchange fees and special operating rules for card-based payment transactions;
12) resident and non-resident have the meaning set out in the law
governing foreign exchange operations.
Data submitted by the service provider
4. A service provider shall submit accurate and complete data to the
NBS, as follows:

1. data about the number and type of virtual currency users by
   service type – on the VC Users form (Annex 1);
2. data about crypto ATMs, their users and transactions – on the
   Crypto ATMs form (Annex 2);
3. data about virtual currency transactions – on the VC Transactions
   form (Annex 3).
   Data from paragraph 1, item 1) of this Section shall be disclosed as at the last working day of the reporting period, while data from item 3) of that paragraph shall be disclosed cumulatively for the reporting period. Data from paragraph 1, item 2) of this Section about the number of crypto ATMs and their users shall be disclosed as at the last working day of the reporting period, while data from that item about the number and value of transactions executed through crypto ATMs shall be disclosed cumulatively for the reporting period. Data from paragraph 1 of this Section about the value of virtual currency transactions shall be disclosed without decimals. Data submitted by the bank and other payment service provider

5. The bank and the other service provider shall submit accurate and
   complete data to the NBS, as follows:

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1. data about service providers with an open current or other
   payment account – on the VCSP Accounts form (Annex 4);
2. data about transactions connected with virtual currency payment
   transactions – on the VC Payment Transactions form (Annex 5). Data from paragraph 1, item 1) of this Section shall be disclosed as at the last working day of the reporting period, while data from item 2) of that paragraph shall be disclosed cumulatively for the reporting period. Data from paragraph 1 of this Section about the value of payment transactions shall be disclosed without decimals. Data submitted by payment card schemes

6. Payment card schemes through which payment transactions are
   executed with payment cards issued in the Republic of Serbia shall submit to the NBS data about virtual currency payment transactions executed within that payment card scheme – on the CS–VC form (Annex 6). Data from paragraph 1 of this Section shall be disclosed cumulatively for the reporting period and without decimals. Manner and deadlines of data submission
7. Data from Sections 4 and 5 of this Decision shall be submitted in
   writing or on another durable data medium, or in line with the NBS’s technical instructions governing the electronic submission of data. Data from Section 6 of this Decision shall be submitted in writing or on another durable data medium.
8. Service providers, as well as banks and other payment service
   providers, shall submit data from Sections 4 and 5 of this Decision on a quarterly basis, namely:

1. data for the first quarter, as at 31 March of the current year – by no
   later than 20 April of the current year;
2. data for the second quarter, as at 30 June of the current year – by
   no later than 20 July of the current year;
3. data for the third quarter, as at 30 September of the current year –
   by no later than 20 October of the current year;
4. data for the fourth quarter, as at 31 December of the current year
   – by no later than 5 March of the following year.

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9. Data from Section 6 of this Decision for the previous year shall be
submitted by no later than 31 March of the current year.
Annexes
10. The contents of forms from Sections 4 to 6 of this Decision are
defined in Annexes 1 to 6, which are printed herewith and are integral hereto. Transitional and final provisions
11. Service providers shall submit these data for the first time in
accordance with this Decision on 30 April 2024 at the latest, by disclosing the data for the four quarters of 2023 and the first quarter of 2024 in accordance with Section 4, paragraphs 2 and 3 of this Decision. Banks and other service providers shall submit the data for the first time in accordance with this Decision on 30 April 2024 at the latest, as at the first quarter of 2024. Payment card schemes from Section 6 of this Decision shall submit the data for the first time in accordance with this Decision on 31 May 2024 at the latest, as at 31 December 2023.
12. This Decision comes into effect on the eighth day following its
publication in the RS Official Gazette.
D. No 8 G o v e r n o r
28 December 2023 National Bank of Serbia B e l g r a d e Dr JorgovankaTabaković, sign.