Instructions on Electronic Money Transfer Business

No: 10/2/2/10505
Date: 28 Rajab 1425 Hijri
Corresponding to: 13 September 2004
Instructions on Electronic Money Transfer Business Issued by the Central Bank of Jordan Pursuant to the Provisions of Electronic Transactions Law No. 85/2001 No. (20/2004) Pursuant to the Provisions of Article (29) of Electronic Transactions Law No. 85/2001, I hereby decide the following:-
Article (1):
Wherever they appear in these instructions, the following expressions shall have the meanings assigned thereto hereunder unless the context indicates otherwise:
The terms “Illegal Transactions”, “Electronic”, “Electronic Intermediary”, “Addressee”, “Information Message” “Identification Code” and “Electronic Signature” shall have the meanings assigned thereto in the Electronic Transactions Law in force. “Securities” shall have the meaning assigned thereto in the Securities Law in force. “Electronic Transfer Order" means an order to transfer money electronically, and/or any information and/or instructions thereto. “Electronic Terminal” means any electronic tool, through which a money transfer order can be created, including but not limited to, ATMs and Terminals - Point - of – sale.
Article (2)
The provisions of these instructions shall apply to any electronic money transfer order created through an electronic means whereby the customer authorizes the bank to make an electronic transfer or to debit his/her account. Electronic means involves any electronic means agreed on its use between the customer and the bank. This includes, but not limited to, the following:
Electronic terminals.
Direct money deposit and withdrawal through ATMs.
Transfers created by phone.
Transfers created through credit card transactions.
Transfers created through the Internet.
The provisions of these instructions shall not apply to:
Cheques.
Securities.
Real Time Gross Settlements System adopted by the Central Bank (RTGS-JO).
Article (3)
With due observance to the provisions of any other legislation, the customer may issue electronic money transfer orders to the bank.
Article (4)
The customer and the bank shall agree on the means that will be used to convey the information message related to the electronic transfer order.
The electronic transfer orders issued by an automatic electronic intermediary prepared for work by the transfer orderer or his/ her representative shall be considered acceptable.
Article (5)
The electronic intermediary shall be able to deliver the electronic transfer order between the bank and the customer in a format that enables the two parties to view the electronic transfer order content. The addressee shall have the ability to print, save, and refer to the electronic transfer order without any impediment from the sender. Unless the initiator and the addressee agreed otherwise, the dispatch of the information message shall occur when it enters an information processing system outside the control of the initiator, or the person that sent the message on behalf thereof. If the addressee has designated an information processing system for the purpose of receiving the information messages, the message shall be deemed to have been received upon its entry into such system. If the message is sent to a system other than the one designated, it shall be considered to be have been received from the first time it is reviewed by the addresses. If the addressee has not designated an information processing system for the purpose of receiving the information messages, the message shall be deemed to have been received at the time of the message’s entry into any information processing system belonging to the addressee.
Article (6)
Only at the customer request, the bank may not issue to a specific customer any electronic transfer instrument that can be used to make an electronic transfer.
The bank may replace or renew the pre-issued electronic transfer instrument for one of its customers, provided that the latter is to be noticed thereof.
Article (7)
The bank shall be obliged to adopt a documentation system through which it can prove the party who sent the electronic message and the customer who sent the electronic transfer order to this bank. If the customer claims that the transaction is illegal, the bank must provide the customer, upon the latter’s request, with the data that clarifies that the transaction was made using the customer’s card or password, and not through another card or password.
Article (8)
The customer shall not be liable for any transactions debited on his/her account by an electronic transfer that is made after the customer has informed the bank about the possibility of a third party accessing his/her account, loss of his/her card, or others recognizing his/her identification code. In such a case, the bank must suspend use of them. The customer shall be deemed to have informed the bank of the loss of his/her card or of a third party’s access to his/her identification code if it is found that he/she followed the reporting steps agreed on with the bank.
Article (9)
Without prior authorization from the customer, the bank may correct errors that occur in electronic money transfers should these errors be related to the reversal of an amount or part thereof that was previously credited or debited to the customer’s account by mistake. If any of the errors that occur in electronic money transfers appear in the relevant customer's statement of account, the bank shall notify the customer thereof in the means agreed on therewith.
Article (10)
The bank shall not charge the customer any expenses, interests or commissions due to an error in the electronic transactions.
Article (11)
Should the bank intend to make any of the following amendments, Increasing commissions paid by the customer for using the electronic service provided to him/her.
Increasing customer’s obligations towards the bank regarding the electronic service provided to him/her.
Placing any quantitative restrictions on the number or ceilings of customer’s electronic money transfers. it must notify the customer through the means agreed on therewith not later than fourteen days from making these amendments.
Article (12)
These instructions shall not obligate the bank to notify the customer in advance of any temporary amendment that it is considered necessary to maintain the security and safety of the customer’s account or the electronic transfer system. In the event that the bank makes a permanent amendment of such kind, it must notify the customer within a period not exceeding fourteen days from the date of this amendment, without incurring the customer any financial obligation.
Article (13)
The electronic system used in the transfer process shall enable the transfer orderer to know the outcome of the electronic transfer order that was sent in terms of acceptance or rejection and reasons for rejection in the manner agreed on between the bank and the customer and within the set period.
Article (14)
The bank shall provide the customer with the following information:
The obligations incurred by the customer as a result of an illegal electronic transaction on his/her account.
Identification of the entity that the customer can contact to inquire about any illegal or mistaken electronic transaction credited or debited to his/her account and the method of communicating with this entity. Restrictions on transfers, including the types of electronic transfers that the customer is allowed to make, number of such transfers, and any ceilings on the amounts allowed to be transferred. However, the bank may not disclose the reasons for these restrictions in order to preserve the security of the services provided to the customer or of the electronic transfer system. Commissions, including those incurred by the customer against making an electronic transfer or requesting the bank to make such a transfer. Customer’s right to be provided with periodic notifications and statements about the electronic transactions that were made on his/her account. Customer’s right to stop any prior electronic transfer orders from him/her to the bank, and the procedures that the customer must follow.
Article (15)
When the customer directs an electronic transfer order from an electronic terminal, the bank shall notify him/her of the details of this order according to what is agreed on.
Article (16)
The bank shall provide the customer with a periodic statement about the details of the electronic transfer orders.
Article (17)
The bank shall observe what is stated in (Instructions for Conducting Banks’ Activities via Electronic Means) No. (8/2001) issued on 26/7/2001 as well as (Guidelines for Internal Control Systems) - Circular No. (10/4794) dated 27/3/2002.
Article (18)
Banks shall modify their conditions within three months from the date of issuance of these instructions.
Governor
Dr. Umayya Touqan