Instruction No. 009-07-RSP-2010 of July 26, 2010 on the UEMOA Payment Incident Centralization and Dissemination System

The Governor of the Central Bank of West African States (BCEAO), Having regard to the Treaty of the West African Monetary Union (UEMOA), dated January 20, 2007, particularly Article 34 thereof; Having regard to the Statutes of the Central Bank of West African States (BCEAO), annexed to the UEMOA Treaty, dated January 20, 2007, particularly Articles 21 and 22 thereof; Having regard to Regulation No. 15/2002/CM/UEMOA of September 19, 2002 on payment systems in the member states of the West African Economic and Monetary Union (UEMOA), particularly Articles 3, 43 to 45, 113, 114 to 119, 123, 125, 127, 128, 129, 130, 140, 146, 235, 239, 240, 241 and 247 thereof; Having regard to the Law on banking regulation, particularly Article 53 thereof; Having regard to the Uniform Act on the repression of offenses related to checks, bank cards, and other electronic payment instruments and procedures. DECIDES

PRELIMINARY TITLE: TERMINOLOGY
Article 1: Definitions
For the purposes of this Instruction, the following terms shall mean:
– BCEAO or Central Bank: the Central Bank of West African States, – Payment Card: a card issued by an authorized entity enabling its holder to withdraw or transfer funds and make payments, – CIP-UEMOA: the UEMOA Payment Incident Centralization, – Account-Holding Institutions (AHIs): Banks, postal financial services, the Public Treasury, and any other duly authorized entity in accordance with the provisions of the Law on banking regulation, to carry out banking or financial institution activities of a banking nature,

INSTRUCTION No. 009/07/RSP/2010 OF JULY 26, 2010 ON THE CENTRALIZATION AND DISSEMINATION SYSTEM FOR PAYMENT INCIDENTS IN THE WEST AFRICAN ECONOMIC AND MONETARY UNION (UEMOA)

– Flat File: The set of data extracted from the Banking Information System of AHIs and declared in the CIP-UEMOA, – Banking Prohibition: prohibition on issuing ordinary checks and possessing payment cards, other than intra-bank or electronic wallet cards, pursuant to the provisions of Regulation No. 15/2002/CM/UEMOA. A person subject to a banking prohibition may only use certified checks, bank checks, or cash withdrawal formats, – Judicial Prohibition: prohibition on issuing ordinary checks and possessing payment cards, other than intra-bank or electronic wallet cards, pronounced by a court following offenses related to payment instruments and means (issuance of a check drawn on a closed account, withdrawal of funds after check issuance, use of a stolen check, unjustified opposition, forgery or falsification of payment instruments, etc.), – Uniform Act: the Uniform Act on the repression of offenses related to checks, bank cards, and other electronic payment instruments and procedures, – Electronic Wallet: a prepaid payment card, i.e., on which a certain sum of money has been loaded, enabling electronic payments of limited amounts, – Regulation: Regulation No. 15/2002/CM/UEMOA of September 19, 2002 on payment systems in the member states of the West African Economic and Monetary Union, – SMS - Short Message Service: a short message service transmitted via signaling through a mobile phone and capable of containing a maximum of one hundred sixty (160) characters, – Banking Information System or BIS: the set of means (organization, actors, procedures, computer systems) necessary for processing and exploiting information within the framework of objectives defined at the level of the institution's strategy, business lines, and regulation, – UEMOA or Union: West African Economic and Monetary Union.

TITLE I: GENERAL PROVISIONS
Article 2: Purpose
This Instruction aims to specify the implementation procedures for the provisions of Regulation No. 15/2002/CM/UEMOA of September 19, 2002, regarding the centralization and dissemination of information on payment incidents in the member states of the UEMOA.

TITLE II: ON THE CENTRALIZATION OF INFORMATION
Article 3: The UEMOA Payment Incident Centralization
Pursuant to the provisions of Articles 127, 128, 129 and 241 of the Regulation, a UEMOA Payment Incident Centralization (CIP-UEMOA) is established, located at the BCEAO Headquarters.
Article 4: Information Managed by the CIP-UEMOA
In accordance with the provisions of Articles 3, 127, 140, 235, 239 and 240 of the Regulation, the CIP-UEMOA is an information management system regarding payment instruments issued in the Union, as defined in Articles 8 and 10 of this Instruction.
Article 5: Retention Period for Information Declared in the CIP-UEMOA
Information declared in the CIP-UEMOA regarding checks, payment cards, commercial paper, as well as information related to banking and judicial prohibitions, shall be retained for a period of fifteen (15) years.
Article 6: Access to the CIP-UEMOA for Declarations
Banks, postal financial services, Public Treasuries, and any other entity duly authorized in accordance with the provisions of the Law on banking regulation to carry out banking or financial institution activities of a banking nature, hereinafter referred to as Account-Holding Institutions (AHIs), access the CIP-UEMOA via the BCEAO access network with an access code and password provided by the BCEAO. The Prosecutors' Offices of the UEMOA member states access the CIP-UEMOA via the Internet with an access code and password provided by the BCEAO.
Article 7: Methods of Declaring Information in the CIP-UEMOA
Declarations of information in the CIP-UEMOA are made by downloading flat files or online.
Article 8: Declarations by Account-Holding Institutions
Pursuant to the provisions of Articles 114, 118, 127, 130, 140, 235, 239 and 240 of the Regulation, Account-Holding Institutions declare to the CIP-UEMOA:
– the opening and closing of accounts backed by payment instruments (checking accounts and savings accounts with interbank payment cards); – payment refusals for checks due to lack or insufficiency of funds; – warnings issued to account holders who have issued checks without funds;

– banking prohibitions on issuing checks;
– regularization of check payment incidents;
– lifting of banking prohibitions on issuing checks; – submission and withdrawal of payment cards; – incidents on bank cards (abusive use, theft, loss); – offenses against banking and judicial prohibitions; – oppositions for loss or theft of check formats; – counterfeit check formats; – accepted bills of exchange and bank-domiciled promissory notes; – rejection of commercial paper due to lack or insufficiency of funds; – commercial paper domiciled on a closed account or subject to opposition.
Article 9: Declaration Deadlines
The declarations referred to in Article 8 of this Instruction must be made no later than the second working day following the triggering event, except for the closing of an account, which must be declared without delay.
Article 10: Declarations by the Prosecutors' Office
Pursuant to the provisions of Articles 121, 128 and 146 of the Regulation, the Prosecutors' Office declares to the CIP-UEMOA:
– prohibitions on issuing checks pronounced by the Court in application of the provisions of the Regulation and the Uniform Act; – suspensions and lifting of prohibitions on issuing checks pronounced by the Court.

TITLE III: ON THE DISSEMINATION OF INFORMATION
Article 11: Methods of Consulting the CIP-UEMOA
The CIP-UEMOA can be consulted via the Internet, voice telephone server, and SMS.
Article 12: Consultation of the CIP-UEMOA by AHIs
Account-Holding Institutions consult the CIP-UEMOA, using the access method defined in Article 6 of this Instruction, before issuing any check or interbank payment card to a client, to ensure that the person is not subject

to a banking or judicial prohibition on issuing checks or possessing payment cards, in accordance with the provisions of Articles 45 and 139 of the Regulation. AHIs may also consult the CIP-UEMOA:
– to participate in the management of homonymies; – before granting financing or opening credit to a client, in accordance with the provisions of Article 129 of the Regulation.
Article 13: Consultation of the CIP-UEMOA by the Prosecutors' Office
The Prosecutors' Office consults the CIP-UEMOA using the method defined in Article 6 of this Instruction and under the conditions provided in Article 129 of the Regulation to obtain the list of AHIs' clients in the UEMOA subject to banking or judicial prohibitions.
Article 14: Consultation of the CIP-UEMOA by the General Public
The general public accesses the CIP-UEMOA without specific identification, by telephone (voice server and SMS) or via the Internet, to verify the validity of a payment instrument. The CIP-UEMOA provides no indication regarding the nature of the irregularity of a payment instrument.

TITLE IV: ON THE STANDARDIZATION OF INFORMATION DECLARED IN THE CIP-UEMOA
Article 15: Information Regarding Account Holders
The declaration of account holders in the CIP-UEMOA is made, on the one hand, based on information from documents presented during account opening in accordance with the provisions of Article 43 of the Regulation, and on the other hand, based on the information provided in Annex I of this Instruction.
Article 16: Banking Coordinates of Payment Instruments
The banking coordinates of payment instruments declared in the CIP-UEMOA must comply with the standards in force in the UEMOA, particularly:
– for checks, the Bank Identity Statement (RIB) or Postal Identity Statement (RIP); – for payment cards, the card number and expiration date; – for commercial paper, the Bank Identity Statement (RIB) of the account on which the instrument is accepted or domiciled.

TITLE V: OBLIGATIONS OF ACCOUNT-HOLDING INSTITUTIONS
Article 17: Obligations Regarding Client Information
Account-Holding Institutions must implement a permanent information system on the CIP-UEMOA at each of their branches.
Article 18: Obligations in Case of Check Rejection
Pursuant to the provisions of Article 114 of the Regulation, the AHI that refuses payment of a check for insufficient or lack of funds must:
(1) if the account has recorded no incidents in the three (3) months preceding the payment refusal:
– issue to the check beneficiary, a rejection certificate conforming to the model indicated in Annex II.1 of this Instruction; – record the incident in its books; – send to the account holder, a warning letter conforming to the model indicated in Annex II.2 of this Instruction; – declare the incident to the CIP-UEMOA. (2) if the account has recorded at least one (1) incident in the three (3) months preceding the payment refusal, the AHI must carry out the procedures provided in Article 19 below.
Article 19: Obligations in Case of Non-Regularization of a Payment Incident Within the Prescribed Deadlines
Pursuant to the provisions of Articles 115 and 123 of the Regulation, the drawee AHI that refuses payment of a check for insufficient or lack of funds must, after the thirty (30) day deadline, if the check issuer has not regularized the incident by paying the unpaid check amount or establishing a sufficient and available provision destined for settlement:
– issue to the check beneficiary, a non-payment certificate conforming to the model indicated in Annex II.5 of this Instruction; – send to the account holder, an injunction letter conforming to the model indicated in Annex II.3 of this Instruction; – send to the account holder's representatives, an information letter conforming to the model indicated in Annex II.4; – declare the incident to the CIP-UEMOA.

Article 20: Obligations in Case of Regularization of a Payment Incident Within the Prescribed Deadlines
Pursuant to the provisions of Article 118 of the Regulation, when the issuer of an unpaid check regularizes the incident before the expiration of the thirty (30) day deadline provided, the drawee AHI must:
– issue to the check issuer, a payment certificate conforming to the model indicated in Annex II.6; – declare the regularization of the incident to the CIP-UEMOA.
Article 21: Obligations in Case of Regularization of a Payment Incident After the Legal Regularization Deadline
Pursuant to the provisions of Article 118 of the Regulation, when the issuer of an unpaid check who is under a banking prohibition regularizes the incident after the expiration of the thirty (30) day deadline provided, the drawee AHI must:
– declare the lifting of the banking prohibition in the CIP-UEMOA; – issue to the check issuer, a payment certificate conforming to the model indicated in Annex II.6. Before lifting the banking prohibition, the drawee AHI must require the receipt of payment of the penalty due to the Public Treasury, if the unpaid check issuer regularized the incident beyond the regulatory thirty (30) day deadline after notification of the injunction, in accordance with the provisions of Article 119 of the Regulation.
Article 22: Obligations in Case of Rejection of Commercial Paper
Pursuant to the provisions of Articles 235, 239 and 240 of the Regulation, the account-holding institution that rejects commercial paper due to lack or insufficiency of funds or because the instrument is domiciled on a closed account or has been subject to opposition, must:
– issue to the beneficiary, a rejection certificate conforming to the model indicated in Annex II.7 of this Instruction; – issue to the debtor, a non-payment notice conforming to the model indicated in Annex II.8 of this Instruction; – declare the incident to the CIP-UEMOA.

TITLE VI: FINAL PROVISIONS
Article 23: Entry into Force
This Instruction, including its annexes which form an integral part thereof, repeals and replaces all prior provisions dealing with the same subject, particularly Instruction No. 01/CIP of February 1, 1999 on the centralization of payment incidents. It enters into force on August 2, 2010, and will be published wherever necessary. Done in Dakar, July 26, 2010 Philippe-Henri DACOURY-TABLEY

LIST OF ANNEXES ATTACHED TO THE INSTRUCTION
Annex I: Information Required for the Identification of Account Holders and Their Representatives in the CIP-UEMOA
Annex II: Models of Notification Letters Regarding Payment Incidents

ANNEX I: INFORMATION REQUIRED FOR THE IDENTIFICATION OF ACCOUNT HOLDERS AND THEIR REPRESENTATIVES IN THE CIP-UEMOA

1. NATURAL PERSON
   1.1. Account Holder
   First Name(s):
   Patronymic Name:
   Husband's Name:
   Date of Birth:
   Place of Birth: City: Country:
   Nationality:
   Sex:
   Mother's Name:
   Physical and/or Postal Address: City: Country:
   E-mail (optional):
   1.2. Representatives
   Number of representatives on the account:
   (provide information for each representative)
   Name and First Name(s) of the Representative
   Responsible Representative1: Yes No
   Date of Birth
   Place of Birth: City: Country:
   Nationality:
   Sex:
   Mother's Name:
   Husband's Name:
2. Ref. Article 116 of Regulation 15: The banking prohibition measure exclusively affects the account holder. It nevertheless takes effect against the authorized corporate or contractual representative empowered to issue checks, prohibiting them from this right.

Physical and/or Postal Address: City: Country:
1.3. Other Information
Name and First Name(s) of the person to contact, if needed:
Address:
Phone number of the person to contact, if needed:
Mobile: Home: Office:
E-mail (optional):
Date of account opening:
Date of account closing:
2. LEGAL ENTITIES
2.1. Account Holder
Company Name:
Acronym (if applicable):
Category:
City:
Country of Registration:
RCCM Number1:
State Registration Number2:
Code of activity for individual businesses:
Physical Address:
Postal Address:
E-mail (optional):
2.2. Representatives
Number of representatives on the account
(provide information for each representative)
Name and First Name(s) of the Representative:
Responsible Representative3: Yes No
Date of Birth:
Place of Birth: City: Country:
Nationality:
Sex:
Mother's Name:
Husband's Name:
Physical and/or Postal Address: City: Country:
2.3. Other Information
Date of account closing:
Date of account opening:
3. Ref. Article 116 of Regulation No. 15/2002/CM/UEMOA. The banking prohibition measure exclusively affects the account holder. It nevertheless takes effect against the authorized corporate or contractual representative empowered to issue checks, prohibiting them from this right.

ANNEX II: MODELS OF NOTIFICATION LETTERS REGARDING PAYMENT INCIDENTS
Check Incidents
Annex II-1: Check Rejection Certificate
Annex II-2: Warning Letter for Issuing a Check Without Funds or With Insufficient Funds
Annex II-3: Injunction Letter Constituting a Banking Prohibition
Annex II-4: Information Letter to Representatives Following a Prohibition on Issuing Checks
Annex II-5: Check Non-Payment Certificate
Annex II-6: Check Payment Certificate
Commercial Paper Incidents
Annex II-7: Rejection Certificate for a Bill of Exchange or Promissory Note
Annex II-8: Non-Payment Notice for a Bill of Exchange or Promissory Note

Annex II-1: Check Rejection Certificate
Bank
Branch
Name and First Name(s)
Company Name or Legal Entity
Address
CHECK REJECTION CERTIFICATE
Check No. ____________ attached, for an amount of ____________________ FCFA issued on account No. ___________________________ opened in the name of Mr./Mrs./Miss or the company 1 __________________________________, presented on __________________________ was rejected on ________________ for the following reason 2:
lack of funds insufficient funds other ________________________ 3 Done at ____________ on ____________ (Stamp and signature authorized) 1- Strike out the unnecessary mention. 2- Check the appropriate box. 3- Indicate the reason.

Annex II-2: Warning Letter for Issuing a Check Without Funds or With Insufficient Funds
Bank
Branch
Name and First Name(s)
Company Name or Legal Entity
Address
Subject: Warning Letter (registered with acknowledgment of receipt)1 Dear Client, We inform you that check No.______________ for an amount of __________ FCFA issued on _____________ on your account No._________________ payable to ___________________________________________ and presented for payment on ______________________ was rejected on _________________ by our office for 2:
lack of funds insufficient funds other ________________________ 3 Consequently, in accordance with the provisions of Article 114 of Regulation No. 15/2002/CM/UEMOA on payment systems in the member states of the West African Economic and Monetary Union (UEMOA), we invite you to regularize the aforementioned payment incident within thirty (30) days from the date of sending this letter, at your convenience according to one of the following two (2) methods:
– either by establishing, during the aforementioned period, a sufficient and available provision4; – either by direct payment of the check amount to the beneficiary5. We inform you that you and your representatives6 must no longer issue checks, of any amount whatsoever, on this account, until the regularization of this incident. In case of non-regularization or issuance of a check within the aforementioned period, you will be required to return to us the checkbooks and check formats in your possession and that of your representatives. You will become prohibited from using checks across all banking establishments and postal financial services of the UEMOA for five (5) years, starting from the date of sending the injunction letter, in accordance with the provisions of Article 115, first paragraph, point 2 of Regulation No. 15/2002/CM/UEMOA. 1 - Any new incident within the next three (3) months will immediately, without warning, trigger a banking prohibition and an injunction to return checks. 2 - Check the appropriate box. 3 - Indicate the reason. 4 - Request in writing the allocation of the provision for the settlement of this check. This option implies the blocking of said provision pending new presentation of the check. 5 - Justify this payment by submitting to our Institution the cleared check or a legalized payment certificate, no later than the first working day following the expiration of the regularization period. This method of regularization must remain exceptional and reserved for cases where the check has not been presented. 6- Persons empowered to issue checks on your account(s).

Furthermore, we inform you that mention of this warning is recorded in the UEMOA Payment Incident Centralization.
We kindly ask you, Dear Client, to accept our distinguished consideration.
Done at ____________ on ____________
(Stamp and signature authorized)

Annex II-3: Injunction Letter Constituting a Banking Prohibition

Bank ........
Branch .........
Name and First Name(s)
Company Name or Legal Entity
Address
REF: Warning Letter
Subject: Injunction Letter (registered with acknowledgment of receipt) Dear Client, You issued on _, check No. _________ for an amount of _________ FCFA. The situation of your account No. with a balance of _____________ FCFA:
– did not allow payment of the aforementioned check; – allowed payment of the aforementioned check up to ___________ FCFA. 1 Since the regularization of this incident has not occurred within the prescribed deadlines, in accordance with the provisions of Article 115 of Regulation No. 15/2002/CM/UEMOA on payment systems in the member states of the West African Economic and Monetary Union (UEMOA), you are prohibited from using checks for five (5) years, starting from today. Consequently, we remind you that:
– you must no longer issue checks of any amount whatsoever, on any account you hold2; – you must immediately return to us, as well as to all your bankers, the checkbooks and check formats in your possession or that of your representatives3. You p