«REPUBLIC OF KAZAKHSTAN
ҰЛТТЫҚ БАНКІ»
РЕСПУБЛИКАЛЫҚ
МЕМЛЕКЕТТІК МЕКЕМЕСІ
РЕСПУБЛИКАНСКОЕ
STATE INSTITUTION
«НАЦИОНАЛЬНЫЙ БАНК
РЕСПУБЛИКИ КАЗАХСТАН»

БАСҚАРМАСЫНЫҢ
ҚАУЛЫСЫ
ПОСТАНОВЛЕНИЕ
ПРАВЛЕНИЯ

31 August 2016
Almaty city
№ 217 city of Almaty

On approval of the Rules for the functioning of the interbank payment card system

Registered by the Ministry of Justice of the Republic of Kazakhstan on 6 October 2016 under No. 14306

(as amended on 27.08.2018)

Amendments were made in the Kazakh language, the text in the Russian language is not changed in accordance with the resolution of the Board of the National Bank of the Republic of Kazakhstan dated 27.08.18 No. 182

In accordance with the laws of the Republic of Kazakhstan dated 30 March 1995 «On the National Bank of the Republic of Kazakhstan», dated 26 July 2016 «On payments and payment systems», in order to establish the procedure for the functioning of the interbank payment card system, the Board of the National Bank of the Republic of Kazakhstan RESOLVES:

1. To approve the attached Rules for the functioning of the interbank payment card system.

2. To recognize as having lost force certain resolutions of the Board of the National Bank of the Republic of Kazakhstan, as well as structural elements of certain resolutions of the Board of the National Bank of the Republic of Kazakhstan according to the list in accordance with the appendix to this resolution.

3. The Department of Payment Systems (Ashykbekov E.T.) shall, in the manner established by the legislation of the Republic of Kazakhstan, ensure:

1) together with the Legal Department (Sarsenova N.V.) the state registration of this resolution with the Ministry of Justice of the Republic of Kazakhstan;

2) sending this resolution to the republican state enterprise on the right of economic management «Republican Center for Legal Information of the Ministry of Justice of the Republic of Kazakhstan»: for official publication in the information and legal system «Әділет» within ten calendar days after its state registration with the Ministry of Justice of the Republic of Kazakhstan; for inclusion in the State Register of Normative Legal Acts of the Republic of Kazakhstan, the Reference Control Bank of Normative Legal Acts of the Republic of Kazakhstan within ten calendar days from the day of its state registration with the Ministry of Justice of the Republic of Kazakhstan;

3) posting this resolution on the official internet resource of the National Bank of the Republic of Kazakhstan after its official publication.

4. The Department for the Protection of the Rights of Consumers of Financial Services and External Communications (Terentyev A.L.) shall ensure that this resolution is sent for official publication to periodical printed publications within ten calendar days after its state registration with the Ministry of Justice of the Republic of Kazakhstan.

5. Control over the execution of this resolution shall be entrusted to the Deputy Chairman of the National Bank of the Republic of Kazakhstan Pirmatov G.O.

6. This resolution shall enter into force upon the expiration of ten calendar days after the day of its first official publication.

Chairman of the National Bank
D. Akishev

Appendix
to the resolution of the Board of the National Bank of the Republic of Kazakhstan dated 31 August 2016 No. 217

List of certain resolutions of the Board of the National Bank of the Republic of Kazakhstan, as well as structural elements of certain resolutions of the Board of the National Bank of the Republic of Kazakhstan, recognized as having lost force

1. Resolution of the Board of the National Bank of the Republic of Kazakhstan dated 23 December 2002 No. 510 «On approval of the Rules for the functioning of the National interbank payment card system based on microprocessor cards» (registered in the Register of state registration of normative legal acts under No. 2158).

2. Paragraph 2 of the Resolution of the Board of the National Bank of the Republic of Kazakhstan dated 27 October 2003 No. 370 «On introducing amendments and additions to certain resolutions of the Board of the National Bank of the Republic of Kazakhstan on issues of the use of payment cards» (registered in the Register of state registration of normative legal acts under No. 2582, published on 9 December 2003 in the newspaper «Kazakhstanskaya Pravda» No. 353-354 (24293-24294)).

3. Paragraph 2 of the Resolution of the Board of the National Bank of the Republic of Kazakhstan dated 27 October 2003 No. 371 «On introducing amendments and additions to the resolution of the Board of the National Bank of the Republic of Kazakhstan dated 24 August 2000 No. 331 «On approval of the Rules for the issuance and use of payment cards in the Republic of Kazakhstan», registered with the Ministry of Justice of the Republic of Kazakhstan under No. 1260, as well as to the resolution of the Board of the National Bank of the Republic of Kazakhstan dated 23 December 2002 No. 510 «On approval of the Rules for the functioning of the National interbank payment card system based on microprocessor cards», registered with the Ministry of Justice of the Republic of Kazakhstan under No. 2158» (registered in the Register of state registration of normative legal acts under No. 2581, published on 4 December 2003 in the newspaper «Kazakhstanskaya Pravda»).

4. Resolution of the Board of the National Bank of the Republic of Kazakhstan dated 28 January 2016 No. 28 «On approval of the Rules for the functioning of the interbank payment card system» (registered in the Register of state registration of normative legal acts under No. 13188, published on 14 March 2016 in the information and legal system «Әділет» of the republican state enterprise on the right of economic management «Republican Center for Legal Information of the Ministry of Justice of the Republic of Kazakhstan»).

Approved by the resolution of the Board of the National Bank of the Republic of Kazakhstan dated 31 August 2016 No. 217

Rules for the functioning of the interbank payment card system

Chapter 1. General provisions

1. These Rules for the Functioning of the Interbank Payment Card System (hereinafter referred to as the Rules) have been developed in accordance with the Law of the Republic of Kazakhstan dated 26 July 2016 "On Payments and Payment Systems" (hereinafter referred to as the Law on Payments and Payment Systems) and determine the procedure for the functioning of the interbank payment card system.

The procedure for the functioning of the interbank payment card system includes general provisions, the legal basis for the functioning of the system, the operations center, system participants, operating rules, interbank commission, message routing and authorization, clearing, transfer of money based on clearing results, risk management and measures to ensure operability and security.

The interbank payment card system (hereinafter referred to as the system) is intended for routing messages and clearing interbank payments for transactions made using payment cards of system participants (hereinafter referred to as interbank payments), routing messages for transactions made using payment cards of system participants outside the service network of system participants, as well as for transactions made using payment cards of issuers that are not system participants within the service network of system participants.

2. The Rules use the concepts provided for by the Law on Payments and Payment Systems, the Rules for the Issuance of Payment Cards, as well as the requirements for activities related to servicing transactions with their use on the territory of the Republic of Kazakhstan, approved by Resolution of the Board of the National Bank of the Republic of Kazakhstan dated 31 August 2016 No. 205, registered in the Register of State Registration of Normative Legal Acts under No. 14299, as well as the following concepts:

1) authorization - the issuer's permission to carry out payments using a payment card. The procedure for obtaining authorization is established in accordance with agreements concluded between the operations center and system participants;

2) authorization message - a request (response) containing the information necessary for conducting authorization and transmitted between system participants through the operations center;

3) interbank commission - remuneration paid by one system participant to another system participant for executed (completed) transactions on payment cards issued by a system participant within the service network of another system participant;

4) indirect system participant - an issuer of payment cards and (or) an acquirer that does not have its own processing center and uses for processing transactions

on payment cards the services of a third-party processor on the basis of an agreement concluded with it;

5) system participant - a second-tier bank and (or) an organization carrying out certain types of banking operations (hereinafter referred to as the bank) that has its own processing center with the ability to connect to the operations center, and also performs in the system the functions of an issuer and (or) an acquirer on the basis of an agreement concluded with the operations center;

6) bank identification number for issued payment cards of a system participant and an indirect system participant (hereinafter referred to as the bank identification number) - a unique number assigned to the issuer by the corresponding payment card system to identify the payment card issued by it in that system;

7) net position of a system participant - the difference between the sum of financial messages issued by a system participant for monetary obligations of other system participants to that system participant and the sum of financial messages issued by other system participants for monetary obligations of that system participant to other system participants. If the difference is a negative number, the system participant has a debit net position; if positive, a credit net position;

8) system position - a position opened for the operations center in the interbank money transfer system to ensure transfers of money based on clearing results;

9) operations center - the Republican State Enterprise on the right of economic management "Kazakhstan Center for Interbank Settlements of the National Bank of the Republic of Kazakhstan";

10) intraday overdraft loan - a short-term loan for one operating day provided by the National Bank of the Republic of Kazakhstan to system participants in the event of absence or insufficiency of money in their position in the interbank money transfer system for transferring money based on the results of clearing of interbank payments (hereinafter referred to as clearing);

11) operating rules of the operations center (hereinafter referred to as the operating rules) - an internal document of the operations center determining the procedure for its activities and the conditions for carrying out the functions assigned to it;

12) financial message - a payment document containing the information necessary for conducting an interbank payment for a completed transaction using a payment card and representing the monetary obligations (claims) of one system participant to another system participant;

13) processing center - a structural subdivision of a bank or a legal entity created by a bank that carries out the collection, processing and transmission of information generated during payments and other transactions using payment cards;

14) routing of messages for transactions made using payment cards (hereinafter referred to as message routing) - the process of determining the route and transmission of messages for interbank payments between system participants;

15) third-party processor - a processing organization ensuring technical interaction between participants and the operations center;

16) message - a group of information data used for the exchange of information between the operations center and system participants;

17) spending limit - the maximum amount of the permissible debit net position of a system participant, within which operations using payment cards issued by this system participant in the service network of other system participants are permitted through the system;

18) electronic message exchange - the exchange of any message in electronic form between the operational center and a system participant, as well as between system participants.

3. The exchange of messages between the operational center and system participants is carried out electronically.

4. Confirmation of the sending and (or) receipt of messages is a notification of receipt of messages or other information established by the operating rules and (or) relevant contracts.

Chapter 2. Legal basis for the functioning of the system

5. The legal basis for the functioning of the system is provided by the Rules, as well as contracts concluded between system participants. An indirect system participant signs an application for accession to the system indicating the processing organization (third-party processor) and concludes a contract with a system participant.

6. The contract between a system participant and the operational center contains the following conditions:

1) the rights and obligations of system participants and the operational center;

2) requirements for accession to the system;

3) requirements for compliance with the operating rules;

4) the liability of the system participant and the operational center for failure to fulfill the Rules and the terms of the contract;

5) the procedure for terminating the contract and amending the terms of the contract.

The contract between the operational center and a system participant provides for other additional conditions that do not contradict the legislation of the Republic of Kazakhstan.

Chapter 3. Operational center

7. The operational center is a processing organization and a clearing organization. Within the framework of the system, the operational center is entrusted with the performance of the following functions:

1) routing of messages related to authorization messages;

2) organization of the exchange and transmission of financial messages between system participants;

3) performance of clearing;

4) formation and transmission of payment documents for making money transfers based on the results of clearing in the interbank money transfer system;

5) organization of the risk management system, performance of risk assessment and management in the system;

6) ensuring the possibility of pre-trial consideration of disputes on interbank payments with system participants;

7) ensuring the protection of messages during their routing, clearing and money transfer based on the results of clearing in accordance with the requirements established by the laws of the Republic of Kazakhstan dated 7 January 2003 "On Electronic Document and Electronic Digital Signature", dated 24 November 2015 "On Informatization" and contracts;

8) formation and provision of reports on message routing, clearing and money transfer based on the results of clearing, deduction (withholding) of commission, including interbank commission;

9) other functions in accordance with contracts concluded with system participants.

8. The types and amounts of tariffs for services provided by the operational center to its participants are established by the operational center in agreement with the National Bank of the Republic of Kazakhstan in accordance with subparagraph 10) of Article 12 of the Law of the Republic of Kazakhstan dated 1 March 2011 "On State Property".

9. Within the framework of the system, the operational center is entrusted with the fulfillment of the following requirements:

1) ensuring equal conditions of access and use of its services for all participants;

2) availability of technical and other premises for the safe placement and operation of the system;

3) availability of a backup center for storing information and restoring information systems and databases in the event of emergency and unforeseen situations;

4) ensuring (organizing) risk assessment and management for the services provided;

5) ensuring the routing of messages, obtaining authorization, clearing for operations performed using payment cards, in the manner provided for by the Rules and operating rules;

6) ensuring the confidentiality of information on operations of system participants.

10. The formats of electronic message transmission used in the system, the features and standards of the system are developed and approved by the operational center and observed by all system participants.

Chapter 4. System participants

11. A system participant is a bank that is a user of the interbank money transfer system and has concluded a contract with the National Bank of the Republic of Kazakhstan for the provision of an "overdraft" daily loan.

12. Relations between system participants are regulated by the Rules, operating rules and contracts concluded within the framework of the system with the operational center.

13. A system participant is allowed to connect an indirect system participant for routing messages through a third-party processor and performing clearing in the system for operations performed using payment cards of the indirect system participant as part of operations performed using payment cards of the system participant.

A system participant, no later than five calendar days before the day of obtaining the status of a system participant, informs the operational center of the indirect system participant connected by it and provides the operational center with bank identification numbers. When a system participant connects a new indirect system participant, information about the engaged indirect system participant is provided by the system participant to the operational center no later than three calendar days before the day of its connection.

An indirect system participant, when connecting to a system participant, is serviced for payment cards issued by it in the service network of other system participants, and also services payment cards issued by other participants in its service network.

14. Within the framework of the system, a system participant and an indirect system participant, through their own processing center or a third-party processor, carry out:

1) ensuring the performance of daily round-the-clock authorization of transactions made using payment cards issued by them;

2) ensuring interaction with the operations center for the exchange of electronic messages;

3) ensuring the performance of authorization for transactions made using payment cards in its own service network for payment cards of other participants of the system;

4) generation by the participant of the system and transmission to the operations center of financial messages on transactions made in its service network and the service network of its indirect participants, using payment cards of other participants of the system;

5) other functions in accordance with concluded agreements with the operations center.

15. Participation of a participant of the system in the system is suspended in the following cases:

1) non-performance and (or) improper performance by the participant of the system of the Rules and operational rules;

2) suspension by the National Bank of the Republic of Kazakhstan of the license for conducting transfer operations;

3) recognition of the participant of the system as bankrupt;

4) violation by the participant of the system of security requirements established by the operational rules.

16. Participation in the system is terminated in the case of:

1) termination of the agreement between the participant of the system and the operations center;

2) reorganization or liquidation of the participant of the system.

Chapter 5. Operational rules

17. The operational rules are approved by the operations center.

18. The operational rules contain:

1) requirements for the procedure of message routing, authorization and clearing;

2) methods and procedure of interaction with participants of the system and methods of their technical connection to the system;

3) technical standards and requirements for interaction with issuers and acquirers of payment cards, the formats used for information transmission, ensuring information security and protection of information;

4) procedure for monitoring, routing messages and obtaining authorization for interbank payments;

5) procedure for clearing;

6) procedure for calculating interbank commissions;

7) procedure for resolving disputes and conflicts arising in the process of payment processing and provision of processing;

8) requirements for compliance with the information security regime and storage of data (personal data) and banking secrecy;

9) measures to ensure the continuity of the system's functioning, including in the event of emergency situations;

10) other provisions not contradicting the legislation of the Republic of Kazakhstan.

19. The operations center and all participants of the system comply with the operational rules.

Chapter 6. Interbank commission

20. The following types of interbank commissions are applied in the system:

1) interbank commissions on cash withdrawal transactions using payment cards, expressed as a percentage of the amount of the interbank payment: remuneration from the issuer in favor of the acquirer for each interbank payment for which financial messages have been submitted; return of remuneration in case of cancellation (return) of the interbank payment;

2) interbank commissions on transactions of non-cash payment for goods and works (services) using payment cards, expressed as a percentage of the amount of the interbank payment: remuneration from the acquirer in favor of the issuer for each interbank payment for which financial messages have been submitted by the acquirer; return of remuneration in case of cancellation (return) of the interbank payment;

3) interbank commissions on money transfer transactions, expressed as a percentage of the amount of the interbank payment: remuneration from the acquirer in favor of the issuers of the sender and recipient of transfers, for which financial messages have been submitted by the acquirer; return of remuneration in case of cancellation (return) of the interbank payment;

4) interbank commissions on transactions of payment of customs payments, payment of taxes and other obligatory payments to the budget in cases where the organization providing works (services), according to the terms of the agreement, does not pay a commission to the acquirer, expressed in fixed amounts or as a percentage of the amount of the interbank payment: remuneration from the issuer in favor of the acquirer, for which financial messages have been submitted by the acquirer; return of remuneration in case of cancellation (return) of the interbank payment.

21. The operations center calculates interbank commissions in accordance with the established amounts in the procedure provided for by the operational rules.

22. The operations center accounts for the interbank commission after receiving financial messages from the participant of the system.

23. The amounts of interbank commissions are established by the operations center in agreement with the National Bank of the Republic of Kazakhstan in accordance with subparagraph 10) of Article 12 of the Law of the Republic of Kazakhstan dated 1 March 2011 "On State Property".

24. Obligations and claims of participants of the system regarding interbank commissions are determined during clearing in accordance with Chapter 8 of the Rules.

Chapter 7. Message routing and authorization

25. Message routing and authorization in the system are carried out on a round-the-clock basis.

26. To identify a participant of the system during message routing, the operations center uses the bank identification numbers provided by it.

In case of change or update of bank identification numbers, the participant of the system immediately, but not later than the next business day from the moment of update, through secure channels informs the operations center thereof, which sends the updated details to other participants of the system.

27. The operations center monitors compliance by each participant of the system with the expenditure limit, within which transactions using payment cards of the participant of the system are made in the service network of other participants. In case of exceeding the expenditure limit by a participant of the system, authorization for interbank payments is carried out after the Operations Center receives to ensure the sum of money equal to the amount by which the expenditure limit is exceeded by the participant of the system in accordance with the operational rules.

28. In the event of unavailability of a system participant, the operations center provides authorization services at the level of limits on amounts and number of operations provided by the system participant, broken down by bank identification numbers, with subsequent notification of the system participant about the operations performed, subject to compliance with the expenditure limit.

29. Based on the results of operations performed using payment cards of other system participants in its servicing network, system participants form and transmit financial messages to the system in relation to other system participants for the purpose of making interbank payments.

Chapter 8. Clearing

30. Clearing is carried out on the basis of offsetting mutual claims and obligations of system participants on financial messages submitted by them, as well as calculated interbank commissions on interbank payments made.

31. Determination of net positions of system participants is carried out by finding the difference in the amounts of mutual claims and obligations of system participants, as well as calculated interbank commissions. Determination of net positions of system participants is carried out by the operations center in accordance with the schedule of the operational day approved by the operations center.

32. When determining net positions of system participants, the difference between the amounts of debit and credit net positions of all system participants equals zero.

33. After completion of clearing, the operations center transmits information on financial messages processed in the system and interbank commissions to system participants in the manner and within the timeframes provided for by the agreement between the operations center and the system participant.

Chapter 9. Transfer of money based on clearing results

34. Transfer of money based on clearing results is carried out after completion of the process of offsetting mutual claims and obligations of system participants.

35. Transfer of money based on clearing results between system participants is carried out in the interbank money transfer system in accordance with the net position of each system participant.

36. The operations center, based on clearing results, prepares and transmits to the interbank money transfer system payment documents for making money transfers in the following sequence:

1) first, money is transferred from the positions of system participants having debit net positions based on clearing results to the position of the system;

2) second, money is transferred from the position of the system to the positions of system participants having credit net positions based on clearing results.

37. After completion of the money transfer based on clearing results, the operations center issues to the system participant a notification of completion of the money transfer in accordance with the net position of that system participant. The balance of money on the position of the system in the interbank money transfer system equals zero.

Chapter 10. Risk management

38. In the event of insufficiency or absence of money from a system participant for making a money transfer based on clearing results, the National Bank of the Republic of Kazakhstan provides an intraday "overdraft" loan on the basis of an agreement concluded between the system participant and the National Bank of the Republic of Kazakhstan.

39. The procedure and conditions for providing the intraday "overdraft" loan are established by the agreement concluded between the National Bank of the Republic of Kazakhstan and the system participant.

40. The creation of a reserve fund of system participants and other risk management methods is permitted in accordance with concluded agreements to ensure timely execution of money transfers based on clearing results.

Chapter 11. Measures to ensure operability and security

41. Procedures for the exchange of electronic messages are established by the operations center and communicated to system participants within the timeframes established by the operating rules and the agreement between the operations center and the system participant.

42. The operations center, in order to ensure the security of the system:

1) ensures the integrity, availability, authenticity and confidentiality of information at all stages of its processing and transmission;

2) performs procedures for the secure distribution of cryptographic keys used in the processing and transmission of information between system participants and the operations center;

3) ensures the use of electronic digital signature for incoming and outgoing electronic messages.

43. Ensuring the uninterrupted functioning of the system is achieved through:

1) redundancy of the software and hardware complex of the system (primary and backup centers);

2) ensuring backup copying and archiving of data;

3) redundancy of communication channels (primary and backup) for interaction with system participants;

4) use of various methods of connecting system participants;

5) monitoring and analysis of the functioning of the system in order to identify the causes of disruptions in the functioning of the system, devices, information systems, and to develop and implement measures to eliminate them;

6) application by the operations center of organizational and technical measures aimed at ensuring the uninterrupted functioning of the system.

44. The operations center monitors compliance by system participants with the information protection requirements defined by the agreement and the operating rules of the operations center.

The operations center takes necessary emergency measures, including disconnection of the system participant by notifying it in the manner provided for by the operating rules and the terms of the concluded agreement in the event of violation by the system participant of the security requirements established in the Rules, the agreement and the operating rules.