2009-03-05
The National Bank of Moldova issued this regulation to establish the requirements and procedures for residents to obtain authorization for specific foreign exchange operations, including donations, loans, and financial instrument transactions exceeding EUR 10,000. It defines the necessary documentation, application forms, and the National Bank's authority to approve or refuse requests within 15 working days based on legal compliance and market conditions. The document further outlines the obligations of authorized residents, the reporting of operations, and the specific grounds for refusal related to incomplete data or anti-money laundering concerns.
1 Note: The translation is unofficial, for information purpose only Official Monitor of the Republic of Moldova no. 57-58 of 20.03.2009, Art.251 REGISTERED: Minister of Justice of the Republic of Moldova Vitalie Pîrlog no.665 of March 16, 2009 APPROVED by the Decision of the Council of Administration of the National Bank of Moldova no. 51 of March 5, 2009 Note: Throughout the regulation, the text “Law no.62-XVI of 21 March 2008” and the text “Law no.62-XVI of 21.03.2008”, in any grammatical case, are replaced with the text “Law no.62 / 2008”, in the respective grammatical case, according to NBM Decision no. 13 of 24.01.2020, in force since 01.04.2020 Regulation on the authorization of certain foreign exchange operations by the National Bank of Moldova Amended by: DCA of the NBM no.9 of 28.01.2010, OM of the Republic of Moldova no.41-43 of 26.03.2010, Art.178; DCA of the NBM no.201 of 17.10.2013, OM of the Republic of Moldova no.297-303 of 20.12.2013, Art.1875; DEB of the NBM no.134 of 24.05.2017, OM of the Republic of Moldova no.190-200 of 16.06.2017, Art.1162; DEB of the NBM no.30 of 13.02.2018, OM of the Republic of Moldova no.68-76 of 02.03.2018, Art.344; DEB of the NBM no.13 of 24.01.2020, OM of the Republic of Moldova no.36-43 of 07.02.2020, Art.162. (Preamble repealed by NBM Decision no.201 of 17.10.2013) Chapter I. General provisions
2 e) resident legal entities – residents specified under items c)-g) paragraph 9) Art.3 of the Law No.62/2008; f) non-resident legal entities – non-residents specified under items b)-g) paragraph 10) Art.3 of the Law no.62/2008; g) applicant – resident individual, resident individual practicing a certain type of activity or resident legal entity intending to perform a foreign exchange operation subject to authorization and to this end submitting to the National Bank of Moldova (personally or through a representative) the application for obtaining the authorization for performing the foreign exchange operation and documents related to the foreign exchange operation for which the NBM authorization is requested; h) legal undertaking from abroad – an enterprise or organization (with or without legal entity status), their branches, established under the legislation of the foreign state, as well as any individual practicing a certain type of activity under the legislation of the foreign state. (Paragraph repealed by NBM Decision no. 30 of 13.02.2018, in force since 01.05.2018) (Item 1 amended by NBM Decision no.201 of 17.10.2013) 2. This Regulation shall establish: a) the requirements related to the application for obtaining the authorization for performing the foreign exchange operation, as well as the list of documents which shall be attached to the given application; b) the conditions and the procedure for issuance by the National Bank of Moldova of authorizations for performing certain foreign exchange operations; c) the requirements related to informing on modification of data from the documents attached to the application for obtaining the authorization; (letter d) repealed by NBM Decision no. 30 of 13.02.2018, in force since 01.05.2018) e) the procedure for reporting the authorized foreign exchange operations to the National Bank of Moldova; f) the obligations of residents who carry out authorized foreign exchange operations; g) other particularities related to the authorized foreign exchange operations. (Item 2 amended by NBM Decision no. 13 of 24.01.2020, in force since 01.04.2020) 3. This Regulation shall be applied to residents performing the following foreign exchange operations subject to authorization under the Law no.62/2008: a) operations with foreign financial instruments in the cases stipulated in paragraphs (6) - (10) Art.9 of the Law no.62/2008; b) operations related to granting by the resident individual in favor of the non-resident individual/legal entity of a donation in the amount exceeding EUR 10,000 (or their equivalent) except for the case specified in Art. 16 paragraph (21 ) of Law no. 62/2008; c) operations related to granting by the resident legal entity and by resident individual practicing a certain type of activity in favor of non-resident individual/legal entity of a donation in the amount exceeding EUR 10,000 (or their equivalent) except for the case specified in Art. 16 paragraph (21 ) of Law no. 62/2008; d) operations related to making, by residents in favor of non-residents, the transfers of funds required for the provision by non-residents of services (not included in Art.13 of the Law no.62/2008) – in cases when the mentioned transfers shall be made until the conclusion of transactions for which realization these funds are destined and the amount of the transaction exceeds EUR 10,000 (or their equivalent);
3 e) operations related to making payments/ transfers from the Republic of Moldova abroad by residents in favor of residents under provisions of paragraph (5) Art.23 of the Law no.62/2008; f) currency exchange operations performed abroad by residents under provisions of Art.38 of the Law no.62/2008. g) operations related to the granting by residents in favor of non-residents of financial loans / credits, specified in Art.11 paragraph (4) of Law no.62 / 2008; h) operations related to the granting by resident individuals in favor of non-resident individuals of loans within the personal operations, specified in Art.15 paragraph (1) letter a) of Law no.62 / 2008, in amount exceeding EUR 10,000 (or equivalent); i) operations related to the granting by the residents in favor of non-residents of the guarantees, specified in Art.12 paragraph (3) of Law no.62 / 2008, in case the amount of the guarantee exceeds EUR 10,000 (or their equivalent). (Item 3 amended by NBM Decision no. 13 of 24.01.2020, in force since 01.04.2020) (Item 3 amended by NBM Decision no. 30 of 13.02.2018) 3 1 . The authorization regime does not apply to: a) the foreign exchange operations indicated in item 3 in which the participant in the operations is the Ministry of Finance or the National Bank of Moldova, as well as the foreign exchange operations performed from the national public budget funds; b) the foreign exchange operations related to the financial guarantees provided in Art. 4 item 12) of the Law no. 184/2016 on financial collateral arrangements and governed by this law. (Item 31 introduced by NBM Decision no. 13 of 24.01.2020, in force since 01.04.2020) 3 2 . As a resident who carries out foreign exchange operations referred to in item 3 letters g) -i) shall also be considered residents that become counterparties within the foreign exchange operations as a result of amending or supplementing the contractual clauses, assignment of the debt, taking over of the debt, novation or other grounds for amending of the legal relations. (Item 32 introduced by NBM Decision no. 13 of 24.01.2020, in force since 01.04.2020) 3 3 . In the case of foreign exchange operation that is not subject to authorization according to the Law no. 62/2008 on the date of concluding contracts (issuing documents), but which as a result of amendments to the contractual clauses becomes subject to authorization by the National Bank of Moldova according to the mentioned law, the resident - participant in the transaction related to the foreign exchange operation becomes responsible for obtaining the authorization and reporting on such foreign exchange operation according to this Regulation. If, according to the mentioned foreign exchange operation, transactions have been carried out until the date of authorization by the National Bank of Moldova, they will be reported according to Chapter IV. (Item 3 3 introduced by NBM Decision no. 13 of 24.01.2020, in force since 01.04.2020) 3 4 . The determination of the equivalent in other currency of the ceilings in euro indicated in item 3 shall be carried out with the application of the official exchange rate of the Moldovan leu valid on the date of conclusion of the contracts (issuance of documents) based on which obligations related to these foreign exchange operations occurred. (Item 3 4 introduced by NBM Decision no. 13 of 24.01.2020, in force since 01.04.2020) 3 5 . If, as a result of the modification of the contract provisions, the amount of the loan / credit or guarantee is increased and exceeds the ceiling indicated in item 3 letters g) -i), the determination of the equivalent in another currency of the given ceiling is made with the application of the official exchange rate of the Moldovan leu valid on the date of concluding the contracts (issuing documents) by which the contractual amount of the loan / credit or guarantee was increased. (Item 35 introduced by NBM Decision no. 13 of 24.01.2020, in force since 01.04.2020)
4 4. Operations specified in item 3 of this Regulation may be performed only after obtaining from the National Bank of Moldova of the authorization for performing the respective foreign exchange operation. The responsibility for obtaining the authorization is borne by the residentparticipant in the transaction related to the foreign exchange operation. (Item 4 amended by NBM Decision no. 13 of 24.01.2020, in force since 01.04.2020) 4 1 . If in order to carry out the foreign exchange operations indicated in item 3, the use of an account abroad is expected, which, according to the Law no. 62/2008, can be opened only with authorization from the National Bank of Moldova, the resident submits the application for authorization of the respective foreign exchange operation at the same time as the request for issuing the authorization for opening the account abroad according to the Regulation on residents’ accounts abroad, approved by the Decision of the Council of Administration of the National Bank of Moldova no.216 / 2015. The National Bank of Moldova has the right to authorize the foreign exchange operation, for the accomplishment of which the account is expected to be opened abroad, if it has decided to authorize the opening of the account abroad. (Item 41 introduced by NBM Decision no. 13 of 24.01.2020, in force since 01.04.2020) 5. Authorization of foreign exchange operations shall not imply for the National Bank of Moldova any obligations regarding these operations. 5 1 . Authorization of foreign exchange operations by the National Bank of Moldova does not exempt resident payment service providers (hereinafter - PRS providers) through which the authorized foreign exchange operation is carried out from the application of measures according to the requirements of legislation in the field of preventing and combating money laundering and terrorist financing. (Item 5 1 in the wording of the NBM Decision no. 30 of 13.02.2018) (Item 51 amended by the NBM Decision no.201 of 17.10.2013) (Item 51 introduced by the NBM Decision no.9 of 28.01.2010) 6. The applicant shall be responsible for the compliance of the foreign exchange operation with the provisions of the legislation of the Republic of Moldova. 7. The responsibility for signing the documents (that are compiled and submitted to the National Bank of Moldova by the resident legal entity) by the person empowered by this right according to the incorporation documents of the resident and the legislation of the Republic of Moldova shall bear the respective legal entity. 7 1 . In the event when the applicant intends to obtain the authorization for performing the foreign exchange operation referred to in letter e) item 3 of this Regulation, within which the payment /transfer will be made in favor of resident individual who is abroad, the applicant shall bear the responsibility for the fact that the payment /transfer will be made in favor of the given resident individual. (Item 71 introduced by the NBM Decision no.9 of 28.01.2010) 8. The National Bank of Moldova shall keep records of the authorizations issued to residents for performing foreign exchange operations in a special register. 8 1 . Payments / transfers within the authorized foreign exchange operations shall be made in accordance with the Regulation on conditions and procedures for performing foreign exchange operations, approved by Decision of the Executive Board of the National Bank of Moldova No. 29/2018 (hereinafter - Regulation on conditions and procedures for performing foreign exchange operations). (Item 81 amended by NBM Decision no. 13 of 24.01.2020, in force since 01.04.2020) (Item 81 introduced by NBM Decision no. 30 of 13.02.2018, in force since 01.05.2018)
5 Chapter II. The process of authorization of foreign exchange operations by the National Bank of Moldova Section 1. The documents necessary to obtain the NBM authorization 9. In order to obtain the authorization for performing foreign exchange operations specified in item 3 of this Regulation, the applicant shall submit to the National Bank of Moldova an application for issuing the authorization drawn up, depending on the type of foreign exchange operations, according to the requirements specified in Annex no.1 or, as the case may be, according to the form in Annex 11 or Annex 12 to this Regulation, to which shall be attached as follows: a) the documents that identify the applicant (shall not be applied in case of licensed bank and non-bank RPS provider holding the license issued by the National Bank of Moldova); b) the documents related to the foreign exchange operation for which the NBM authorization is requested. (Item 9 amended by NBM Decision no. 13 of 24.01.2020, in force since 01.04.2020) (Item 9 amended by the NBM Decision no.201 of 17.10.2013) 10. The documents that identify the applicant shall be the documents indicated in Annex no.2 to this Regulation, which shall be submitted as follows: a) for resident legal entity – the documents specified in items 2–3 1 ; b) for resident individual practicing a certain type of activity – the documents specified in items 4-6; c) for resident individual – the document specified in item 6. (Item 10 amended by NBM Decision no. 13 of 24.01.2020, in force since 01.04.2020) 11. The documents related to the foreign exchange operation for which the NBM authorization is requested shall be the documents indicated in Annex no.2 to this Regulation that, depending on the type of foreign exchange operation, shall be submitted as follows:
6 3) for the operations, indicated in letter d) item 3 of this Regulation, related to making the transfers of fund by residents in favor of non-residents – the documents indicated in items 13 and 16; 4) for the operations, indicated in letter e) item 3 of this Regulation, related to the making the payments /transfers abroad by residents in favor of residents – the documents indicated in items 14, 152 and 16; 5) for the currency exchange operations performed abroad by residents, indicated in letter f) item 3 of this Regulation – the documents indicated in items 15 and 16. 6) for the operations indicated in item 3 letter g) of this Regulation, related to the granting by residents in favor of non-residents of financial loans / credits - the documents indicated in items 153 and 16; 7) for the operations indicated in item 3 letter h) of this Regulation, related to the granting by the resident individuals in favor of the non-resident individuals of the loans within the personal operations - the documents indicated in items 153 and 16; 8) for the operations indicated in item 3 letter i) of this Regulation, related to the granting by the residents in favor of non-residents of the guarantees - the documents indicated in items 154 -16. (Item 11 amended by NBM Decision no. 13 of 24.01.2020, in force since 01.04.2020) (Item 11 amended by NBM Decision no. 30 of 13.02.2018) (Item 11 amended by NBM Decision no.201 of 17.10.2013) 111 . The information contained in the application for issuing the authorization must correspond to the information in the documents on the basis of which the application was completed. (Item 11 introduced by NBM Decision no. 13 of 24.01.2020, in force since 01.04.2020) Section 2. The examination by the National Bank of Moldova of the application for issuing the authorization 12. The National Bank of Moldova shall decide on the issuance of the authorization or on the refusal of the authorization issuance within a maximum of 15 working days following the date the application for issuing the authorization was received, under the terms of this Regulation. (Item 12 amended by NBM Decision no. 30 of 13.02.2018) 121 . In the event when the applicant is the RPS provider, the application for issuing the authorization and documents attached thereto shall also be examined from the point of view of implication of the RPS provider in excessive risks related to the activity. In this case the National Bank of Moldova may authorize the respective foreign exchange operation if it was determined that following authorization of the foreign exchange operation, for which the NBM authorization is requested, the RPS provider will not be engaged in risky or dubious operations. (Item 121 amended by NBM Decision no.201 of 17.10.2013) (Item 121 introduced by NBM Decision no.9 of 28.01.2010) 13. The National Bank of Moldova shall have the right to authorize the foreign exchange operation or to refuse the issuance of the authorization, taking into account the fundamental objective of the National Bank of Moldova stipulated by the Law no.548/1995 on the National Bank of Moldova, the current conditions of the money, credit and foreign exchange market, the situation of the balance of payments of the Republic of Moldova, the provisions of the legislation of the Republic of Moldova.
7 (Item 13 amended by NBM Decision no. 13 of 24.01.2020, in force since 01.04.2020) 14. Reasons for the refusal to issue the NBM authorization shall also be, as follows: a) the failure to submit the full set of documents as in accordance with the provisions of this Regulation; b) the failure of the submitted documents to comply with the requirements of this Regulation; c) the application by the National Bank of Moldova to the applicant – RPS provider –of remedial measures related to the foreign exchange operation, for which performance the issuance of the NBM authorization is requested; d) the submission of documents containing unauthentic / incomplete or contradictory data; e) the failure of the applicant to meet the conditions of authorization. f) the presentation by the competent authorities of information on the suspicious nature of the operation subject to authorization and / or the activity of the applicant, in the context of legislation in the field of preventing and combating money laundering and terrorist financing (Item 14 amended by NBM Decision no. 30 of 13.02.2018) (Item 14 amended by NBM Decision no.201 of 17.10.2013) 15. In the event of refusal to issue the authorization for performing foreign exchange operation, the National Bank of Moldova shall inform accordingly the applicant in written form, indicating the reason for refusal. 16. The National Bank of Moldova shall examine the repeated application for issuing the authorization, taking into consideration the reasons for refusal and verifying their removal by the resident (if that depends on the resident). 17. The authorization of foreign exchange operation indicated in item 3 letters a) -f) shall be carried out by issuing the respective authorization by the National Bank of Moldova, on the reverse side of which the text indicated in Annex no.3 of this Regulation shall be printed for the purpose of making the relevant notes. (Item 17 amended by NBM Decision no. 13 of 24.01.2020, in force since 01.04.2020) 171 . The authorization of the foreign exchange operation indicated in item 3 letters g) and h) shall be carried out by the issuance by the National Bank of Moldova of the authorization according to the form provided in Annex no. 3 1 and of the annex to the authorization according to the form indicated in Annex no. 6 to this Regulation. (Item 171 introduced by NBM Decision no. 13 of 24.01.2020, in force since 01.04.2020) 172 . The authorization of the foreign exchange operation indicated in item 3 letter i) is carried out by the issuance by the National Bank of Moldova of the authorization according to the form provided in Annex no. 32 and of the annex to the authorization according to the form indicated in Annex no. 7, as the case may be, Annex no. 8 to this Regulation. (Item 172 introduced by NBM Decision no. 13 of 24.01.2020, in force since 01.04.2020) 173 . Depending on the specifics of the foreign exchange operations, the National Bank of Moldova may amend the content of the authorization, the annex to the authorization and / or issue several annexes to the authorization. (Item 173 introduced by NBM Decision no. 13 of 24.01.2020, in force since 01.04.2020) 18. Unless otherwise is specified in the NBM authorization, it shall be valid until the total amount of funds indicated in the NBM authorization is transferred, except for the foreign exchange operation specified in item 3 letter g) or h), in which case the authorization is valid until the obligations related to the loan / credit are extinguished. (Item 18 amended by NBM Decision no. 13 of 24.01.2020, in force since 01.04.2020)
8 19. The issued authorizations shall be handed over to the residents (their authorized representatives) against signature in the register indicated in item 8 or shall be sent by registered letters with acknowledgment of receipt. (Item 19 in the wording of the NBM Decision no. 13 of 24.01.2020, in force since 01.04.2020) Section 3. Informing on modification of data contained in the documents submitted for obtaining the NBM authorization 20. In the event when, after the date of obtaining the NBM authorization, the amendments /completions in the documents submitted by the resident have occurred and/or new documents which amend the data related to the authorized foreign exchange operation have been signed, the resident shall be obliged within 15 working days following the date of amendments /completions: a) to submit an application for issuing an amendment to the NBM authorization (according to the form from Annex no.4 of this Regulation), attaching the original NBM authorization, annex to it (only in the case of foreign exchange operations indicated in item 3 letters g) -i)) and the respective documents – in case of amendments and/or completions which involve the modification of data in the NBM authorization; b) to inform in writing the National Bank of Moldova on the made amendments/completions, attaching the relevant documents – in case of amendments /completions of other data. (Item 20 amended by NBM Decision no. 13 of 24.01.2020, in force since 01.04.2020) (Item 20 amended by NBM Decision no. 13 of 24.01.2020, in force since 01.04.2020) 21. The application for issuing an amendment to the NBM authorization shall be signed by the resident (the person empowered by the resident). (Item 21 amended by NBM Decision no. 30 of 13.02.2018) 22. In the event of submission of the application for issuing an amendment to the NBM authorization, the provisions of items 12 -16 of this Regulation shall be applied. 23. As a result of acceptance of the amendments and/or completions, the National Bank of Moldova shall issue an amendment to the respective authorization, which shall be an integral part of the NBM authorization. 24. On the reverse side of the NBM authorization, the responsible person of the National Bank of Moldova shall indicate the ordinal number and the date of issuance of the amendment. 25. Amendments to the authorizations issued shall be handed over to the residents (their authorized representatives) against signature in the register indicated in item 8 or shall be sent by registered letter with acknowledgment of receipt. (Item 25 in the wording of the NBM Decision no. 13 of 24.01.2020, in force since 01.04.2020) (Chapter III repealed by NBM Decision no. 30 of 13.02.2018, in force since 01.05.2018) Chapter IV. Reporting the authorized foreign exchange operations to the National Bank of Moldova 41. The resident holding the NBM authorization for carrying out the foreign exchange operation subject to authorization shall be obliged to report to the National Bank of Moldova the information related to this operation, by presenting: a) the report on the performance of the authorized foreign exchange operation (hereinafter - report) prepared according to the form and the procedures of compiling it, indicated in Annex no.
9 5 of this Regulation - in case of carrying out the foreign exchange operations indicated in item 3 letters a) –f), or b) photocopy of the annex to the authorization, completed according to the form and procedures of compiling, indicated, as the case may be, in Annexes no. 6 - no. 8 of this Regulation
10 Annex no.1 to the Regulation on authorization of certain foreign exchange operations by the National Bank of Moldova Requirements for application for issuing the authorization for performing the foreign exchange operations indicated in item 3 letters a)-f)
11 Regulation on authorization of certain foreign exchange operations by the National Bank of Moldova."; 13) the text (in the event the applicant intends to obtain the authorization for performing the foreign exchange operation indicated in letter e) item 3 of this Regulation within which the payment/transfer shall be made in favor of a resident individual who is abroad): „ Hereby, I _______________________________________________________ assume (name/name and surname of the applicant) the responsibility for the fact that the payment/transfer will be made in favor of a resident individual who is abroad."; 14) the list of documents attached to the application including the data on these documents (name, number and date of the document, number of sheets in the document). In the event the submitted documents have been modified/completed, the respective documents shall also be included in this list; 15) contact person and his/her telephone number. 2. The application for issuing the authorization for performing the foreign exchange operation shall be signed by the applicant (the person authorized by him/her). 3. The application for issuing the authorization for performing the foreign exchange operation shall be written on the letterhead (in case of resident legal entity). (Annex no.1 amended by the NBM Decision no.13 of 24.01.2020, in force since 01.04.2020) (Annex no.1 amended by the NBM Decision no.30 of 13.02.2018) (Annex no.1 amended by the NBM Decision no.201 of 17.10.2013) (Annex no.1 amended by the NBM Decision no.9 of 28.01.2010)
12 Annex no.11 to the Regulation on authorization of certain foreign exchange operations by the National Bank of Moldova APPLICATION for issuing the authorization for granting loan/credit Hereby, __________________________________________________________________________ (name /name and surname of resident creditor) requests the issuance of the authorization of the National Bank of Moldova for granting loan/credit in favor of ______________________________________________________________ (name/name and surname of non-resident debtor)
(legal address/domicile of non-resident debtor) based on the contract ______________________________________________________________ (contract name, number, and date of conclusion) in amount of ______________________________________________________________________ (amount in figures (units and decimals) and in letters, name of currency) for the purpose ___________________________________________________________________ Economic sector of the creditor’s activity_________________________________________________ Justification for granting the loan/credit ___________________________________________ Share held by creditor in debtor’s capital [ ] no holding/not applicable [ ] up to 10% [ ] 10% or more Share held by debtor in creditor’s capital [ ] no holding/not applicable [ ] up to 10% [ ] 10% or more Hereby, I _____________________________________________________________ assume (name/name and surname of resident creditor) the responsibility for the compliance of the foreign exchange operation with the legislation of the Republic of Moldova, for the authenticity of submitted documents and information, as well as for signing the respective documents (submitted to the National Bank of Moldova) by the person empowered with this right under the incorporation documents and the legislation. Simultaneously, I undertake to meet obligations, including those of reporting, established in the Regulation on the authorization of certain foreign exchange operations by the National Bank of Moldova, approved by the Decision of the Council of Administration of the National Bank of Moldova no.51/2009. Data on documents submitted to the National Bank of Moldova No. Document name Document number and date Number of sheets Administrator /Individual (signature) (name and surname) Contact details: Date of application compiling:
13 Procedure of compiling of the application for issuing the authorization for granting loan/credit
14 Annex no.12 to the Regulation on authorization of certain foreign exchange operations by the National Bank of Moldova APPLICATION for issuing the authorization for granting guarantee Hereby, __________________________________________________________________________
(name/name and surname of resident guarantor) requests the issuance of the authorization of the National Bank of Moldova for granting guarantee in favor of the guarantee beneficiary
(name/name and surname of non-resident guarantee beneficiary)
(legal address/domicile of non-resident guarantee beneficiary) in order to ensure fulfillment of the guarantee applicant’s obligations ____________________ (name/name and surname of non-resident guarantee applicant)
(legal address/domicile of non-resident guarantee applicant) in amount of ______________________________________________________________________ (amount in figures (units and decimals) and in letters, name of currency) with validity term of the guarantee
in accordance with underlying contract ___________________________________________ (contract name, number, and date of conclusion) Share held by guarantor in applicant’s capital [ ] no holding/not applicable [ ] up to 10% [ ] 10% or more Share held by applicant in guarantor’s capital [ ] no holding/not applicable [ ] up to 10% [ ] 10% or more Hereby, I _____________________________________________________________ assume (name/name and surname of resident guarantor) the responsibility for the compliance of the foreign exchange operation with the legislation of the Republic of Moldova, for the authenticity of submitted documents and information, as well as for signing the respective documents (submitted to the National Bank of Moldova) by the person empowered with this right under the incorporation documents and the legislation. Simultaneously, I undertake to meet obligations, including those of reporting, established in the Regulation on the authorization of certain foreign exchange operations by the National Bank of Moldova, approved by the Decision of the Council of Administration of the National Bank of Moldova no.51/2009. Data on documents submitted to the National Bank of Moldova No. Document name Document number and date Number of sheets
15 Administrator /Individual (signature) (name and surname) Contact details: Date of application compiling: Procedure of compiling of the application for issuing the authorization for granting guarantee
16 Annex no.2 to the Regulation on authorization of certain foreign exchange operations by the National Bank of Moldova I. The list of the documents to be attached to the application for issuing the authorization for performing the foreign exchange operation A. The documents identifying the applicant (Item 1 repealed by NBM Decision no.13 of 24.01.2020, in force since 01.04.2020) 2. The certificate of assignment of the fiscal code of the resident legal entity – for the persons to whom this document shall be issued under the legislation. 3. The extract from the State register issued by the entity entitled with right of the state registration, which reflects the current situation, and which includes, depending on the category of the resident, the information on the name/name and surname, legal form, the state identification number/fiscal code, registration date, legal address/domicile, administrator, equity size, founders (associates), shareholdings of founders (associates), types of activities. The respective information shall be verified by the National Bank of Moldova by accessing state information resources. (Item 3 in the wording of the NBM Decision no.13 of 24.01.2020, in force since 01.04.2020) 3 1 . Extract from the Register of shareholders of the joint stock company, which contains the names of shareholders holding 10% or more in the joint stock company’s equity, number of shares h eld and participation share of each said shareholder of the joint stock company - only for joint-stock companies. (Item 31 introduced by the NBM Decision no.13 of 24.01.2020, in force since 01.04.2020) 4. The document that allows practicing a certain type of activity by the resident individual (for instance, entrepreneur license, notary license, lawyer’s license). 6. The identity document of the applicant. B. The documents related to the foreign exchange operation for which the NBM authorization is requested 7. The incorporation documents of the legal undertaking from abroad (with all modifications and completions thereto), signed by the founder/founders. 8. The documents showing that the size of resident’s participation in the equity or in the number of securities of a participating nature with voting right of the legal undertaking from abroad will be less than 10 % (for instance, extract from the minutes of meeting of founders of the joint stock company etc.). 9. The agreement on sale-purchase of the participation in the legal undertaking from abroad signed by the parties. 10. The agreement on sale-purchase of the foreign state securities signed by the parties. 11. The agreement on sale-purchase of the respective foreign financial instruments signed by the parties and/or other documents that are specific for the operation for the purchase of the mentioned foreign financial instruments.
17 12. The request for donation and/or the signed donation agreement. 13. The agreement for rendering the respective services by a non-resident signed by the parties. 14. The agreement signed by the parties or other documents that justify making the payments/transfers abroad in favor of residents. 15. The agreement signed by the parties or other documents related to the exchange operation abroad. 151 . Documents confirming the source of origin of the funds destined for donation by the individual in the amount exceeding 10,000 Euro (or their equivalent). 152 . Documents confirming that the applicant has received the loan/credit from another resident – if the authorization is sought for the resident to repay the loan/credit in favor of the resident individual who is abroad. 153 . The contract or other underlying document from which the loan/credit relationship arises (with modifications and completions, if any). 154 . The document from which the guarantee relationship arises (with modifications and completions, if any). 155 . The contract giving rise to debtor’s obligations to the creditor, which fulfillment is ensured by establishment of the guarantee (for instance, credit agreement, sale-purchase agreement). 156 . The contract between the guarantor and guarantee applicant (if any). 157 . The contract between the guarantor and guarantee beneficiary (if any). (Items 153 -157 introduced by the NBM Decision no.13 of 24.01.2020, in force since 01.04.2020) 16. Other documents which the applicant considers necessary to submit to obtain the authorization for performing foreign exchange operation. II. Requirements for the documents indicated in this Annex
18 2. The documents issued by the competent authorities of foreign states or with their participation, shall be legalized or apostilled according to the legislation of the Republic of Moldova. 3. At the request of the National Bank of Moldova, the documents in foreign languages shall be submitted along with their translations into the official language, certified by a notary. (Annex no.2 amended by the NBM Decision no.13 of 24.01.2020, in force since 01.04.2020) (Annex no.2 amended by the NBM Decision no.30 of 13.02.2018) (Annex no.2 amended by the NBM Decision no.201 of 17.10.2013) (Annex no.2 amended by the NBM Decision no.9 of 28.01.2010)
19 Annex no.3 to the Regulation on authorization of certain foreign exchange operations by the National Bank of Moldova (the reverse of the NBM authorization) Data on issuance of amendments to the authorization for performing the foreign exchange operation (to be completed by the NBM) No. of the amendment Date of issuance of the amendment Note Name and surname of the responsible person at the NBM, signature, NBM stamp (Annex no.3 amended by the NBM Decision no.201 of 17.10.2013)
20 Annex no.31 to the Regulation on authorization of certain foreign exchange operations by the National Bank of Moldova Authorization no. _______ of ___________________________ (date of authorization) for granting loan/credit Hereby, the National Bank of Moldova authorizes the granting
(name of loan/credit) by _______________________________________________________________________________ (full name/name and surname of resident creditor) the state identification number/fiscal code of the creditor ________________________________ in favor of ________________________________________________________________________ (full name/name and surname of non-resident debtor)
(legal address/domicile of non-resident debtor) based on the contract _____________________________________________________________ (contract name, number, and date of conclusion) in amount of ______________________________________________________________________ (amount in figures (units and decimals) and in letters, name of currency) with the maturity ________________________________________________________________ interest rate ____________________________________________________________________ for the purpose __________________________________________________________________ ____________________________________________________________ is obliged to report (full name/name and surname of resident creditor) to the National Bank of Moldova on the operations performed under the authorized loan/credit. Other information _________________________________________________________________
This authorization shall cease to be valid upon discharge of the loan/credit-related obligations. The issuance of this authorization does not imply the assumption by the National Bank of Moldova of the obligations related to the authorized loan/credit, as well as does not exempt the resident payment service providers through which the authorized foreign exchange operation is carried out from the application of the measures according to the requirements of the legislation in the field of preventing and combating money laundering and terrorist financing. (position) (signature) (name and surname) Stamp
21 (the reverse of the NBM authorization) Data on issuance of amendments to the authorization for granting loan/credit (to be completed by the NBM) No. of the amendment Date of issuance of the amendment Note Name and surname of the responsible person at the NBM, signature (Annex no.31 introduced by the NBM Decision no.13 of 24.01.2020, in force since 01.04.2020)
22 Annex no.32 to the Regulation on authorization of certain foreign exchange operations by the National Bank of Moldova Authorization no. _______ of _______________________ (date of authorization) for granting guarantee Hereby, the National Bank of Moldova authorizes granting guarantee by
(full name/name and surname of resident guarantor) state identification number/fiscal code of guarantor _____________________________________ in order to ensure fulfillment of the guarantee applicant’s obligations
(full name/name and surname of non-resident guarantee applicant)
(legal address/domicile of non-resident guarantee applicant) to guarantee beneficiary ____________________________________________________________ (full name/name and surname of non-resident guarantee beneficiary)
(legal address/domicile of non-resident guarantee beneficiary) in amount of ______________________________________________________________________ (amount in figures (units and decimals) and in letters, name of currency) with validity term of the guarantee __________________________________________________ in accordance with underlying contract________________________________________________ (contract name, number, and date of conclusion) ____________________________________________________________ is obliged to report (full name/name and surname of resident guarantor) to the National Bank of Moldova on the operations performed under the authorized guarantee. Other information _________________________________________________________________
The issuance of this authorization does not imply the assumption by the National Bank of Moldova of the obligations related to the authorized guarantee, as well as does not exempt the resident payment service providers through which the authorized foreign exchange operation is carried out from the application of the measures according to the requirements of the legislation in the field of preventing and combating money laundering and terrorist financing. (position) (signature) (name and surname) Stamp
23 (the reverse of the NBM authorization) Data on issuance of amendments to the authorization for granting guarantee (to be completed by the NBM) No. of the amendment Date of issuance of the amendment Note Name and surname of the responsible person at the NBM, signature (Annex no.32 introduced by the NBM Decision no.13 of 24.01.2020, in force since 01.04.2020)
24 Annex no.4 to the Regulation on authorization of certain foreign exchange operations by the National Bank of Moldova Letterhead (in case of resident legal entity) APPLICATION for issuing the amendment to the authorization for performing the foreign exchange operation Hereby, _____________________________________________________________________ (full name /name and surname of the resident) requests issuing the amendment to the authorization no. _______ of ___________________ for performing the foreign exchange operation_____________________________________ _____________________________________________________________________________, (name of the foreign exchange operation) determined by the modification of the following data from the NBM authorization:
Data on the documents attached to the application No. Name of the document Number and date of the document Number of sheets Administrator /Individual (signature) (name and surname) Contact phone number: Application drafted on: (Annex no.4 amended by the NBM Decision no.30 of 13.02.2018)
25 Annex no.5 to the Regulation on authorization of certain foreign exchange operations by the National Bank of Moldova Form Code 04102/1 Model Periodicity Form Correct. (code of the resident) code type no. D (name/name and surname of the resident) To be submitted: monthly at the latest on the 15th day of the month following the reporting month; or at the latest on the 15th day of the month following the month in which the respective operations were performed Report on the performance of authorized foreign exchange operation for __________________ (month and year)
NOTE: This Report is compiled according to: 1.Decision of the Council of Administration of the NBM no.9 of January 28, 2010 2. Regulation on authorization of certain foreign exchange operations by the National Bank of Moldova (Decision of the Council of Administration of the NBM no.51 of March 5, 2009, Official Monitor of the Republic of Moldova, 2009, no.57-58, Art.251) (Form in the wording of the NBM Decision no.9 of 28.01.2010)
26 The procedures of compiling the Report on the performance of authorized foreign exchange operation Chapter I. General provisions
27 resident according to the NBM authorization at the beginning of reporting period. The amount from the rubric 4 shall be determined by summing up the amounts of all payments/transfers made by the resident according to the NBM authorization, diminished by the amounts of the funds returned to the resident, reflected in previous reports (all the amounts are recalculated, if necessary, in the currency indicated in the NBM authorization, by applying the exchange rate provided for in item 14 of the Regulation on conditions and procedures for performing foreign exchange operations). This amount cannot exceed the amount indicated in the NBM authorization. In the event when several amounts in different currencies are indicated in the NBM authorization, the amounts in rubric 4 shall be indicated separately for each currency. (Item 10 amended by the NBM Decision no.30 of 13.02.2018, in force since 01.05.2018) 11. The table in rubric "5. The information on payments/transfers" shall be completed as follows:
28 Chapter IV. Final provisions 13. The Report shall be signed by the resident (authorized persons of the resident). (Annex no.5 amended by the NBM Decision no.13 of 24.01.2020, in force since 01.04.2020) (Annex no.5 amended by the NBM Decision no.30 of 13.02.2018) (Annex no.5 amended by the NBM Decision no.201 of 17.10.2013) (Annex no.5 amended by the NBM Decision no.9 of 28.01.2010)
29 Annex no.6 to the Regulation on authorization of certain foreign exchange operations by the National Bank of Moldova This Annex is the Report Form
Name and surname of the responsible person at the NBM, signature, NBM stamp Annex to the authorization for granting loan/credit no. ____________________ of _________________________ page no._________ with amendments to it ___________________________________________________________________________________________________ (number and date of issuance of amendments to the authorization – to be completed by the National Bank of Moldova)
issued ________________________________________________________________________________________________________________ (full name/name and surname of the resident creditor, its state identification number/fiscal code – to be completed by the National Bank of Moldova) No. Date of performin g the operation Type of operation Mode of performing the operation Value of operation Value of operation recalculated in contract currency Document confirming the performance of the operation (name, number, date) Name of RPS provider/resident creditor Resident’s responsible person amount currency code amount currency code A 1 2 3 4 5 6 7 8 9 10 1 2 3 4 5 ...
30 Procedure of compiling the Annex to the authorization for granting loan/credit The Annex to the authorization for granting loan/credit shall be filled in by: a) RPS provider through which payments / transfers / receipts of funds under the authorized loan/credit are made; b) resident creditor – in cases other than those indicated in letter a) (for instance, interest capitalization). Rubric A "No.": shall indicate the running number of each row in the Annex. Rubric 1 "Date of performing the operation": shall indicate the date of each operation performed under the loan/credit (for instance, date of funds disbursement from account). Rubric 2 "Type of operation": shall indicate the corresponding code for the operation performed under the loan/credit. For granting loan/credit (drawdowns), code 01 shall be indicated. For operations related to payment of debts of the non-resident debtor the following codes shall be indicated: code 21 – for receipt of loan/credit principal, code 22 – for receipt of interest, code 23 – for receipt of penalty, code 24 – for receipt of commission. If the operation relates to a certain tranche, provided for in the contract, and only one annex to the authorization has been issued, the tranche number shall be indicated by a slash. Rubric 3 "Mode of performing the operation": shall indicate the corresponding code for the mode by which the resident granted the loan/credit or the corresponding code for the mode by which the debts of the non-resident debtor were paid (loan/credit principal and other payments/transfers) under the loan/credit: code 11 - by funds, code 12 - by deliveries of goods, code 13 - by services, code 14 - in other forms. Value of operation: Rubric 4 "amount": shall indicate the amount (in units and decimals) of the operation performed. Rubric 5 "currency code": shall indicate the alphabetical code (according to ISO 4217) of the currency in which the operation was performed (for instance: USD, EUR, etc.). Value of operation recalculated in contract currency: this section shall be filled in only if the operation was performed in a currency other than the contract currency/tranche currency. Rubric 6 "amount": shall indicate the amount of the operation, recalculated in the contract/tranche currency at the exchange rate established in the contract by the parties or, if the exchange rate is not stipulated, at the official exchange rate of the Moldovan leu at the date of the operation. Rubric 7 "currency code": shall indicate the alphabetical code (according to ISO 4217) of the contract/tranche currency. Rubric 8 "Document confirming the performance of the operation (name, number, date)": shall indicate the name of the document confirming the performance of the operation (for instance, payment order), its number and date. Rubric 9 "Name of RPS provider/resident creditor": shall indicate the name and surname/name of the resident, whose responsible person made the respective entry in the Annex. Rubric 10 "Resident’s responsible person": shall indicate the name and surname of the responsible person of the resident mentioned in rubric 9, who made the respective entry in the Annex. In case of a legal entity, the respective entry shall be certified by the signature of its administrator/authorized person. In case of an individual and individual practicing a certain type of activity, the entry shall be certified by the signature of the respective individual. (Annex no.6 introduced by the NBM Decision no.13 of 24.01.2020, in force since 01.04.2020)
31 Annex no.7 to the Regulation on authorization of certain foreign exchange operations by the National Bank of Moldova This Annex is the Report Form
Name and surname of the responsible person at the NBM, signature, NBM stamp Annex to the authorization for issuance of guarantee no. ____________________ of _________________________ page no._________ with amendments to it ___________________________________________________________________________________________________ (number and date of issuance of amendments to the authorization – to be completed by the National Bank of Moldova)
issued ________________________________________________________________________________________________________________ (full name/name and surname of the resident guarantor, its state identification number/fiscal code – to be completed by the National Bank of Moldova) No.
Date of performing the operation Type of payments performed under the guarantee
Repayment of amounts paid under the guarantee Value of operation Value of operation recalculated in guarantee currency Document confirming the performance of the operation (name, number, date) Name of RPS provider/resident guarantor Resident’s responsible person payments type of payments amount currency code amount currency code A 1 2 3 4 5 6 7 8 9 10 11 1 2 3 4 5 …
32 Procedure of compiling the Annex to the authorization for issuance of guarantee The Annex to the authorization for issuance of guarantee shall be filled in by: a) RPS provider through which receipts / payments / transfers of funds under the authorized foreign exchange operation are made; b) resident guarantor – in cases other than those indicated in letter a) (for instance, repayment of funds by the guarantee applicant through deliveries of goods). Rubric A "No.": shall indicate the running number of each row in the Annex. Rubric 1 "Date of performing the operation": shall indicate the date of each operation performed following occurrence of the secured event. Rubric 2 "Type of payments performed under the guarantee": shall indicate the corresponding code for the type of payment/transfer performed by the resident guarantor in favor of the non-resident guarantee beneficiary under the authorized guarantee. If the guaranteed transaction is granting of a loan/credit, the following codes shall be indicated: code 31 - for repayment of principal, code 32 – for payment of interest, code 33 – for payment of penalty, code 34 – for payment of commission. If the guaranteed transaction is a sale-purchase of goods, provision of services, etc. code 35 shall be indicated. Repayment of amounts paid under the guarantee: Rubric 3 "Payments": shall indicate the mode by which the non-resident guarantee applicant repays to the resident guarantor the amounts paid by him/her under the authorized guarantee: code 41 - by funds; code 42 - by deliveries of goods, code 43 – by services, code 44 - in other forms. Rubric 4 "Type of payments": shall indicate the corresponding code for the type of payment/transfer received by the resident guarantor from the non-resident guarantee applicant as a repayment of the amounts paid by the guarantor under the authorized guarantee. If the guaranteed transaction is granting of a loan/credit, the following codes shall be indicated: for repayment of amounts paid by the resident guarantor as reimbursement of the loan/credit principal – code 51, of amount of interest - code 52, of amount of penalty - code 53, of amount of commission - code 54. If the guaranteed transaction is a sale-purchase of goods, provision of services, etc., for repayment by the guarantee applicant of the amounts paid by the guarantor, code 55 shall be indicated. Depending on the type of operation (payments made under guarantee, repayment of amounts paid under guarantee) either rubric 2 or rubrics 3 and 4 shall be completed. Completion of both rubric 2 and rubrics 3 and 4 shall not be allowed. Value of operation: Rubric 5 "amount": shall indicate the amount (in units and decimals) of the operation performed. Rubric 6 "currency code": shall indicate the alphabetical code (according to ISO 4217) of the currency in which the operation was performed (for instance: USD, EUR etc.). Value of operation recalculated in guarantee currency: this section shall be filled in if the operation was performed in a currency other than the guarantee currency. Rubric 7 "amount": shall indicate the amount of the operation, recalculated in the guarantee currency at the exchange rate established in the contract by the parties or, if the exchange rate is not stipulated, at the official exchange rate of the Moldovan leu at the date of the operation. Rubric 8 "currency code": shall indicate the alphabetical code (according to ISO 4217) of the guarantee currency. Rubric 9 "Document confirming the performance of the operation (name, number, date)": shall indicate the name of the document confirming the performance of the operation (for instance, payment order), its number and date.
33 Rubric 10 "Name of RPS provider/resident guarantor": shall indicate the name and surname/name of the resident, whose responsible person made the respective entry in the Annex. Rubric 11 "Resident’s responsible person": shall indicate the name and surname of the responsible person of the resident mentioned in rubric 10, who made the respective entry in the Annex. In case of a legal entity, the respective entry shall be certified by the signature of its administrator/authorized person. In case of an individual and individual practicing a certain type of activity, the entry shall be certified by the signature of the respective individual. (Annex no.7 introduced by the NBM Decision no.13 of 24.01.2020, in force since 01.04.2020)
34 Annex no.8 to the Regulation on authorization of certain foreign exchange operations by the National Bank of Moldova This Annex is the Report Form
Name and surname of the responsible person at the NBM, signature, NBM stamp Annex to the authorization for issuance of guarantee in the form of guarantee deposit no. ____________________ of _________________________ page no._________ with amendments to it ___________________________________________________________________________________________________ (number and date of issuance of amendments to the authorization – to be completed by the National Bank of Moldova)
issued ________________________________________________________________________________________________________________ (full name/name and surname of the resident guarantor, its state identification number/fiscal code – to be completed by the National Bank of Moldova) No.
Date of performing the operation Type of operation related to guarantee deposit Value of operation Value of operation recalculated in guarantee currency Document confirming the performance of the operation (name, number, date) Name of RPS provider/resident guarantor Resident’s responsible person amount currency code amount currency code A 1 2 3 4 5 6 7 8 9 1 2 3 4 5 ...
35 Procedure of compiling the Annex to the authorization for issuance of guarantee in the form of guarantee deposit The Annex to the authorization for issuance of guarantee in the form of guarantee deposit shall be filled in by: a) the resident payment service provider through which payments/transfers of funds under the authorized guarantee are made/received; b) resident guarantor – in cases other than that indicated in letter a) (for instance, in the case when the non-resident guarantee beneficiary uses the funds under the authorized guarantee). The information related to the use by the non-resident guarantee beneficiary of the funds under the authorized guarantee shall be completed by the resident guarantor based on the documents received from the non-resident guarantee beneficiary. Rubric A "No.": shall indicate the running number of each row in the Annex. Rubric 1 "Date of performing the operation": shall indicate the date of each operation performed under the authorized guarantee. Rubric 2 "Type of operation related to guarantee deposit": shall indicate the code for the type of operation related to guarantee deposit: code 61 – establishment of guarantee deposit, code 62 - use of guarantee deposit, code 63 – replenishment of guarantee deposit, code 64 - repayment of guarantee deposit balance, code 65 - if applicable, operations other than those indicated under codes 61-64. Code 65 shall describe the type of operation performed. Value of operation: Rubric 3 "amount": shall indicate the amount (in units and decimals) of the operation performed. Rubric 4 "currency code": shall indicate the alphabetical code (according to ISO 4217) of the currency in which the operation was performed (for instance: USD, EUR etc.). Value of operation recalculated in guarantee currency: this section shall be filled in only if the operation was performed in a currency other than the guarantee deposit currency. Rubric 5 "amount": shall indicate the amount of the operation, recalculated in the guarantee deposit currency at the exchange rate established in the contract by the parties or, if the exchange rate is not stipulated, at the official exchange rate of the Moldovan leu at the date of the operation. Rubric 6 "currency code": shall indicate the alphabetical code (according to ISO 4217) of the guarantee deposit currency. Rubric 7 "Document confirming the performance of operation (name, number, date)": shall indicate the name of the document confirming the performance of the operation (for instance, payment order), its number and date. Rubric 8 "Name of RPS provider/resident guarantor": shall indicate the name and surname/name of the resident, whose responsible person made the respective entry in the Annex. Rubric 9 "Resident’s responsible person": shall indicate the name and surname of the responsible person of the resident mentioned in rubric 8, who made the respective entry in the Annex. In case of a legal entity, the respective entry shall be certified by the signature of its administrator/authorized person. In case of an individual and individual practicing a certain type of activity, the entry shall be certified by the signature of the respective individual. (Annex no.8 introduced by the NBM Decision no.13 of 24.01.2020, in force since 01.04.2020)