On the Approval of the Regulation on the Issuance of Bank Cards by Commercial Banks and Their Circulation in the Republic of Uzbekistan

Resolution of the Board of the Central Bank of the Republic of Uzbekistan, registered on 30.04.2004, registration number 1344

Date of entry into force

10.05.2004

All

03.04.2021

16.04.2019

25.10.2018

05.12.2017

09.03.2015

23.07.2011

23.12.2006

10.05.2004

View

Russian

Uzbek

Uzb

Uzb|Russian

Document lost force 03.04.2021

[OKOS:

1.07.00.00.00 Legislation on Finance and Credit. Banking Activity / 07.21.00.00 Banking Activity / 07.21.07.00 Emission of Bank Cards and Operations Using Them]

[TSZ:

1. Finance / Banks and other credit institutions. Credits]

Resolution of the Board of the Central Bank of the Republic of Uzbekistan

ON THE APPROVAL OF THE REGULATION ON THE ISSUANCE OF BANK CARDS BY COMMERCIAL BANKS AND THE ORDER OF THEIR CIRCULATION IN THE REPUBLIC OF UZBEKISTAN

[Registered by the Ministry of Justice of the Republic of Uzbekistan on April 30, 2004, under number 1344]

This resolution loses its force based on the Resolution of the Board of the Central Bank of the Republic of Uzbekistan dated March 10, 2021, No. 28/20 "On the Approval of the Regulation on the Issuance of Bank Cards by Commercial Banks and the Order of Their Circulation in the Republic of Uzbekistan," as well as on the [resolution](/docs/5355336?ONDATE=03.04.2021 00#5358799) (registration number 1344-7, dated 03.04.2021) recognizing it as having lost its force.

Based on Articles 3, 7, 17, and 51 of the Law of the Republic of Uzbekistan "On the Central Bank of the Republic of Uzbekistan," the Board of the Central Bank resolves:

1. Approve the "Regulation on the Issuance of Bank Cards by Commercial Banks and the Order of Their Circulation in the Republic of Uzbekistan" in accordance with the appendix.

2. This resolution shall enter into force 10 days after the day of its state registration by the Ministry of Justice of the Republic of Uzbekistan.

Chairman of the Board of the Central Bank F. MULLAJONOV

Tashkent city,

February 21, 2004,

No. 4/20

Resolution of the Board of the Central Bank of the Republic of Uzbekistan dated February 21, 2004, No. 4/20 resolution APPENDIX

REGULATION

On the Issuance of Bank Cards by Commercial Banks and the Order of Their Circulation in the Republic of Uzbekistan

This Regulation was developed in accordance with the Laws of the Republic of Uzbekistan "On the Central Bank of the Republic of Uzbekistan", "On Banks and Banking Activity", "On Bank Secrecy", the Decree of the President of the Republic of Uzbekistan dated January 22, 2018, No. PF-5308 "On the State Program on the Implementation of the Strategy of Actions for Five Priority Directions of Development of the Republic of Uzbekistan in 2017-2021 in the Year of Active Entrepreneurship, Innovative Ideas and Technologies Support," and the Resolution of the President of the Republic of Uzbekistan dated May 14, 2018, No. PQ-3724 "On Measures for Rapid Development of Electronic Commerce," and establishes the procedure for the emission of bank cards and the settlement and service procedures for operations carried out through them within the territory of the country.

I. General Provisions

1. For the purposes of this Regulation, the following concepts are used:

a) bank card — a local and international payment card that allows its owner to carry out operations several times through a bank account, including carrying out cashless settlements and withdrawing cash and bank credit from the account. The types of operations that can be carried out through a bank card on the owner's bank account are established based on the agreement concluded between the bank card owner and the issuer;

b) system of cashless retail payments through bank cards (hereinafter — retail payment system) — a set of relations arising between participants of operations through bank cards, as well as in the issuance, servicing, and settlement of operations through bank cards;

c) participant of the retail payment system — a legal or physical person entering into contractual relations regarding the use of bank cards belonging to a specific payment system;

d) interbank retail payment system — a geographically distributed payment system designed for the electronic execution of cashless payments, based on legal norms, regulatory documents, software and technical solutions, as well as a relevant organizational and technical infrastructure, uniting issuing banks of bank cards, banks serving sellers of goods (works, services), the bank carrying out settlements, and the processing organization, with the bank card being the main element;

e) payment organization — a legal entity that has property rights to trademarks and (or) service marks determining the belonging of a bank card to a specific payment system, ensures the transfer of settlements between members of the payment organization through bank cards, and establishes the rules of bank card circulation together with other members and (or) independently;

f) member of the payment organization — a bank that carries out the emission and (or) acquiring of bank cards based on a contract with the relevant payment organization;

g) emission of bank cards — activity related to the release of bank cards into circulation and their presentation for use;

h) issuer — a bank that carries out the emission of bank cards, has property rights to the bank cards it has issued, and assumes obligations in its own name regarding the rights to carry out settlements using bank cards by their owners and acquirers. The issuer of a bank card can only be a bank;

i) acquiring — the execution of settlements for operations with sellers of goods (works, services) through bank cards, as well as the direct provision of cash to the bank card owner through a cash desk or ATM;

j) acquirer — the bank carrying out acquiring;

k) processing — the collection, processing, and distribution of information between members of the payment organization, as well as ensuring technical support for emission and (or) acquiring carried out by members of the payment organization;

l) processing organization (processor) — a legal entity carrying out processing;

m) seller of goods (works, services) — a business entity (legal and (or) physical person engaged in entrepreneurial activity without legal status) selling goods (works, services) through bank cards based on a contract concluded with the acquirer;

n) bank card owner — a customer using the bank card based on a contract between the issuer or the bank distributing bank cards and the customer, or a person appointed as an agent by the customer;

o) customer — a physical or legal person who has concluded a contract with the issuer or the bank distributing bank cards regarding the presentation of bank cards for use;

p) card account — a bank account through which funds can be managed using a bank card;

q) payment operation — payment for goods (works, services) through a bank card;

r) cash advance — cash provided directly to the bank card owner by the acquirer through a cash desk or ATM;

s) terminal — a device that allows the bank card owner to carry out payment operations and forms "slips" for executed operations;

t) ATM — a device that allows the bank card owner to receive cash advances in a self-service manner and forms "slips" for executed operations;

u) authorization — the process of obtaining permission from the bank card issuer to carry out operations with the bank card based on rules provided by the payment organization via telephone, electronic, or other types of communication;

v) slip — a terminal or ATM receipt containing information confirming operations carried out through a bank card, including the amount, type, and date of the operation, and allowing for the correct identification of the bank card, as well as the terminal or ATM that formed this "slip";

w) SHIR-code — the personal identification number of the bank card owner, which confirms the right to manage funds in the card account and the permission given by the owner of the bank card to manage the funds;

x) virtual card — an electronic card designed for carrying out cashless settlements via the Internet. A virtual card is linked to the main card or account and must contain the necessary bank card details for making payments (full name of the card owner, card number, term, etc.).

y) CVV (CVC) code — a secret number of the bank card used for making payments via the Internet;

z) anti-fraud system — a set of processes aimed at preventing fraudulent operations when making payments using bank cards.

2. Another person may not use the bank card without the permission of the bank card owner.

The bank card is the property of the bank that is the card issuer.

The bank card must be protected from counterfeiting and other types of illegal use.

The validity period of the bank card is determined based on the contract concluded between the bank card owner and the issuer or the rules established by the system of cashless settlements through bank cards and the interbank payment system.

II. Legal Regulation of the Use of Bank Cards

3. The legal regulation of relations related to the issuance, servicing, and use of bank cards within the territory of the Republic of Uzbekistan is carried out based on this Regulation and other regulatory and legal acts of the Republic of Uzbekistan, as well as rules established by payment organizations and contracts concluded between participants of the interbank payment system.

4. The mutual relations of participants of the payment system and the interbank payment system are governed by this Regulation, other legislative documents, and contracts and established rules based on them.

Resident banks of the Republic of Uzbekistan have the right to become members of local, foreign, and international payment organizations and payment systems.

Resident banks of the Republic of Uzbekistan — members of payment organizations, unless otherwise provided by the legislation of the Republic of Uzbekistan, use standards accepted by the relevant payment organization in the emission of bank cards, their servicing, and the execution of operations.

III. Obligations of Participants of the Payment System

5. Participants of the payment system must comply with the following:

Observance of the established procedure and rules for the emission of bank cards, servicing, and the execution of settlement operations through them within the territory of the Republic of Uzbekistan;

Ensuring security measures to prevent illegal use of bank cards;

Ensuring the non-disclosure of commercial and bank secrecy information regarding bank cards, participants of the payment system, available and transmitted to them, technologies and software tools, and the work procedure and rules established by the payment organization;

Maintaining secrecy regarding bank card owners and operations carried out through bank cards by them.

IV. Types of Bank Cards

6. Bank cards are divided into different types depending on the owner of the card account, the procedure for their validity, and their belonging to a specific payment system.

7. Depending on the owner of the card account, bank cards are divided into personal and corporate:

a) a personal bank card provides its owner (a physical person) with the opportunity to manage funds in the card account (card accounts). Personal bank cards may be used by other persons (family members, friends, etc.).

(Paragraph 7(a) was amended by the Resolution of the Board of the Central Bank of the Republic of Uzbekistan dated June 25, 2011, No. 19/2 (registration number 1344-2, dated 13.07.2011))

b) a corporate bank card provides its owner — that is, an employee with authority of a legal entity or an individual entrepreneur — with the opportunity to manage funds in the card account. A corporate bank card is intended only for carrying out cashless settlements and cannot be used to pay monthly salaries and other social payments, nor to pay cash funds.

8. Depending on the procedure for their validity, bank cards are divided into the following types:

a) a debit bank card provides its owner, based on the terms of the contract concluded between the issuer of the bank card and the owner, with the opportunity to manage funds within the balance of funds in the relevant card account to pay for goods (works, services) and (or) withdraw cash funds (except for corporate bank cards);

b) a credit bank card provides its owner, based on the terms of the contract concluded between the issuer of the bank card and the owner, with the opportunity to carry out operations exceeding the balance of funds in the relevant card account to pay for goods (works, services) and (or) withdraw cash funds (except for corporate bank cards).

9. Depending on the emission of the bank card within or outside the scope of the existing payment organization, a bank card is divided into systemic, personal, and co-branding types.

A systemic bank card is issued based on the agreement of the existing payment organization within the rules established by the relevant payment organization, uniting two or more issuers.

A personal bank card is issued within the rules directly established by the issuer, outside the agreement of existing payment organizations.

Co-branding bank cards are bank cards operating in several payment systems with logos placed on the front of the card.

V. Mandatory Details of Bank Cards

10. The mandatory details of bank cards include the following:

The full and abbreviated name of the bank card owner;

The official name of the legal entity that is the owner of the card (for corporate cards) account and (or) its conditional number in the payment system;

The signature sample of the bank card owner and (or) their personal number;

The full official name of the issuer of the bank card;

The validity period of the bank card.

11. Mandatory details are entered into the bank card in the state language.

12. Bank cards issued within the scope of the payment system and (or) interbank payment system may have other mandatory details, including identification signs and elements of bank cards, as established by the rules of this system.

VI. Emission of Bank Cards

13. The emission of bank cards within the territory of the Republic of Uzbekistan is carried out by banks that are residents of the Republic of Uzbekistan.

14. The emission of bank cards belonging to any payment system is carried out by the issuer based on standards and rules established by the relevant payment organization, using certified software and technical tools.

15. The emission of personal bank cards is carried out based on standards and rules directly established by the issuer.

16. A commercial bank that is not a participant of the payment system has the right to distribute bank cards issued by a bank that is a participant of the payment system, based on a contract concluded with it.

17. It is possible to link several additional bank cards and virtual cards to one card account.

VII. Contract for the Presentation of Bank Cards for Use

18. The presentation of bank cards for use (distribution) is carried out in written form or in the form of an offer contract placed in remote service systems, based on a contract concluded between the commercial bank distributing bank cards and its customers. The written or offer contract for the presentation of bank cards for use must comply with the rules of the payment organization.

19. The contract for the presentation of bank cards for use is considered a standard contract if its terms do not provide for the emergence of the customer's credit obligations.

20. The types of operations that the bank card owner may carry out using the card, as well as the rules for their execution, must be established by the "contract for the presentation of bank cards for use."

21. The contract for the presentation of bank cards for use must necessarily include:

the content of the contract;

the rights and obligations of the issuer of the bank card;

the rights and obligations of the bank card owner;

the terms for carrying out settlements;

the validity period of the contract.

22. The obligations of the distributor of bank cards to carry out settlement documents and other actions in its own name but on behalf of the customer, based on the instructions of customers with authority of the bank card owner, may be provided for in the contract for the presentation of bank cards for use. The specified obligations of the distributor of bank cards may also arise in accordance with the rules of the payment system.

23. The distributor of bank cards acquires rights and becomes a mandatory distributor of bank cards in its own name and on behalf of the customer, based on the transaction carried out with the participant of the payment system.

24. The contract for the presentation of bank cards for use should provide for the procedure for ensuring confidence that the right to manage funds in the card account, using signatures, codes, passwords, and other tools, was granted specifically by the authorized person.

25. The contract for the presentation of bank credit cards is concluded based on the rules of the issuer's internal credit policy in the event that the customer's credit obligations arise.

VIII. Suspension of Operations with Bank Cards and Removal of Bank Cards from Circulation

26. Upon receipt of an application from the card owner or customer directly regarding the loss or theft of the bank card, and upon receipt of such an application from the bank distributing bank cards, the issuer must temporarily suspend the execution of operations through the bank card and take measures to remove the bank card from circulation.

27. The payment organization has the right to make a decision to temporarily suspend the execution of operations through bank cards issued by certain issuers, in accordance with the rules of the payment system.

28. The issuer may make a decision to temporarily suspend the execution of operations through the bank card and remove the bank card from circulation in the following cases:

in the presence of circumstances confirming the illegal use of the bank card or its details;

when the bank card is used by a person who does not have the authority to use it;

in other cases specified in the contract for the presentation of bank cards for use.

29. In the event of the occurrence of the above circumstances, the procedure for making a decision to temporarily suspend the execution of operations through the bank card or remove the bank card from circulation is established based on the rules of the payment organization.

30. The procedure for temporarily suspending the execution of operations through the bank card, removing the bank card from circulation, and notifying the customer about this is established based on the rules of the payment organization and the contract for the presentation of bank cards for use.

IX. Rights and Obligations of the Bank Card Issuer

31. The issuer of the bank card has the following rights:

to issue bank cards to physical and legal persons based on their applications and concluded contracts or offer contracts placed in remote service systems and electronic applications;

to deliver the bank card by a bank courier after identifying the customer in accordance with the internal control rules (May 23, 2017, registration number 2886) on combating the legalization of proceeds from criminal activity, financing of terrorism, and financing of the proliferation of weapons of mass destruction in commercial banks;

to collect a commission reward for debit operations carried out through the bank card, unless otherwise provided by the rules of the payment organization.

32. The issuer of the bank card must comply with the following:

consider the application of the person who applied to the issuer for the receipt of the bank card;

provide the bank card owner with full information on the rules for using the card, as well as the boundaries of liability of the bank card owner and the issuer for carrying out operations through them;

notify bank card owners about changes in the issuer's tariffs for issuing and servicing the bank card, as well as about the early termination of the validity of the bank card, in the manner established by the contract concluded between the issuer of the bank card and the owner;

return the funds available in the account number without delay, in the manner established by legislation, when the card account is closed;

carry out settlements for operations through plastic cards and ensure their accuracy.

X. Liability of the Bank Card Issuer

33. After receiving an application from the bank card owner regarding the loss or theft of the card or through a remote service system, the issuer is fully responsible for all operations carried out through the lost or stolen bank card.

The issuer is fully responsible for all operations carried out through a counterfeit bank card.

34. The issuer is not considered liable to the bank card owner in the following cases:

if the bank card owner violated the rules and procedures provided for in the contract concluded between them;

in the event of illegal actions committed by the bank card owner;

if the loss of the bank card and (or) PIN, CVV (CVC) codes arose as a result of gross negligence or carelessness of the bank card owner regarding the card.

35. For operations carried out through bank cards distributed by banks that are not participants of the payment system, the participant of the payment system that issued the bank cards is considered liable to the members of the payment system.

XI. Rights and Obligations of Bank Card Owners

36. The bank card owner has the following rights:

to carry out operations through the bank card based on the rules of the payment organization and the conditions and procedures provided for in the contract concluded with the issuer;

to receive full information from the issuer of the bank card regarding the rules for using the card, as well as the boundaries of liability of the bank card owner and the issuer for carrying out operations through them;

to receive full information from the issuer of the bank card regarding operations carried out;

to demand compensation for damages caused by the incorrect performance of obligations by issuers from the issuer of the bank card based on concluded contracts;

to request the issuer to issue and formalize additional bank cards providing the opportunity to manage its card account at its own discretion;

to refuse to use bank cards on the condition of closing the card account in the future.

38. The bank card owner must comply with the following:

fulfill the terms of the contract, rules and instructions for using the bank card;

fulfill the rules and procedures for using the bank card established by the payment organization;

All incidents regarding the loss of a bank card and unauthorized use of a bank card must be reported to the issuer within a short period.

XII. Rights and Obligations of Goods (Works, Services) Sellers

40. A seller of goods (works, services) must comply with the following:

• Provide services to the bank cardholder at a price not exceeding the established price for cash settlement services;
• Inform customers about services provided to bank cards, indicating the name and/or logo of the payment system associated with the contractual relations;
• Provide services to all bank cards belonging to this payment system based on the terms of the contract concluded between the seller of goods (works, services) and the acquirer;
• Conduct authorization of bank cards in all cases where the amount of the executed operation exceeds the amount established in the contract with the acquirer;
• Provide information on operations carried out via bank cards in accordance with the legislation of the Republic of Uzbekistan and contracts concluded with the acquirer;
• Keep confidential information about bank cardholders from third parties;
• Deliver goods, provide services, or perform works to the bank cardholder (or their representative) within the timeframe specified in the contract terms, for payments made via bank cards.

XIII. Protection of Bank Cardholders' Rights

41. A bank that is the issuer of a corporate bank card must ensure the cardholder's opportunity to perform operations on the card account without using the bank card.

42. The acquirer is not entitled to charge additional payments to the bank cardholder for using an ATM, exceeding the amounts established in the payment organization's rules.

43. Information about bank cardholders and operations carried out through their bank cards, as well as information about the bank cards themselves, constitutes bank secrecy and is provided in the manner established by the legislation of the Republic of Uzbekistan.

XIV. Conducting Settlements via Bank Cards

44. Settlements between participants of the payment organization are carried out through a representative account based on the order of the payment organization or a member of the payment organization.

45. Acquiring within the territory of the Republic of Uzbekistan is carried out by banks that are residents of the Republic of Uzbekistan.

XV. Rights and Obligations of the Acquirer

46. The acquirer has the following rights:

• The right to demand the presentation of a document confirming the identity of the bank cardholder, in accordance with the internal control rules (May 23, 2017, registration number 2886) for combating the legalization of proceeds from criminal activity, financing of terrorism, and financing of the proliferation of weapons of mass destruction in commercial banks;
• To collect commission fees from the bank cardholder when performing cash advance operations;
• To withhold percentages provided for in the contract directly from the incoming amount for conducting settlement operations with sellers of goods (works, services);
• To conclude contracts with sellers of goods (works, services) for providing services to them under conditions that do not contradict the powers granted to them by the payment organization.

47. The acquirer must comply with the following:

• Inform bank cardholders about changes in the acquirer's tariffs for cash advances;
• Ensure the execution and correctness of settlements for operations performed by sellers of goods (works, services) via plastic cards;
• Provide services to all bank cards of the payment organization of which it is a member;
• Ensure that sellers of goods (works, services) are provided with the necessary materials and equipment to provide services to bank cardholders based on the conditions specified in the contract concluded between them;
• Ensure the timely and correct execution of mutual settlements with sellers of goods (works, services) for operations performed via bank cards.

XVI. Acquirer's Liability to Sellers of Goods (Works, Services)

48. The acquirer does not assume liability to sellers of goods (works, services) for performing settlements via bank cards in the following cases:

• If the seller of goods (works, services) violates the rules and procedures established in contracts concluded for performing operations via bank cards;
• If there is no document or information regarding the payment operation performed by the seller of goods (works, services);
• If the seller of goods (works, services) performs illegal actions.

XVII. Protection of Information Used in Performing Settlements via Bank Cards

49. Issuers, acquirers, processing organizations, sellers of goods (works, services), and bank cardholders must comply with rules for protecting information and software and technical means used in this regard.

50. The protection of information, bank cards, and software and technical means used in this regard is established based on the current legislation of the Republic of Uzbekistan and the rules and instructions of the payment organization.

XVIII. Rights and Obligations of the Processing Organization

51. The processing organization has the following rights:

• To perform and permit operations via bank cards for participants of the payment system (and/or interbank payment system);
• To suspend operations on bank cards of the issuer in cases where the issuer fails to fulfill the terms of the contract concluded with the processing organization, as well as the terms of contracts concluded with other participants of the payment system (and/or interbank payment system).

52. The processing organization must comply with the following:

• Ensure the opportunity to perform operations via bank cards issued by participants of the payment system (and/or interbank payment system);
• Suspend operations on bank cards (suspend operations of a specific type) after receiving the issuer's written decision to prohibit services to bank cards;
• Suspend operations on bank cards of the issuer after its license for performing banking operations is revoked;
• Ensure the confidentiality of information about operations of participants of the payment system (and/or interbank payment system);
• Ensure the availability of an anti-fraud system to prevent fraud operations when making payments via bank cards.

XIX. Liability of the Processing Organization

53. After the issuer makes a decision to prohibit services to bank cards, the processing organization assumes full liability for operations performed through them, as well as for the execution of specific operations prohibited by the issuer.

XX. Establishing Control over the Activities of Banks that are Participants of the Payment System

54. The bank notifies the Central Bank of the Republic of Uzbekistan and the processing center in the established manner regarding the issuance and/or acquiring of bank cards. The notification contains information about the issuance of bank cards, their volume, and the type of operations planned to be performed through them.

55. Establishing control over the activities of banks that are participants of the payment system is carried out in the manner established by the legislation of the Republic of Uzbekistan and the rules of the payment organization.

XXI. Registry of Bank Card Issuers

56. The processing organization maintains a registry of bank card issuers.

57. Information in the registry of bank card issuers must be open and continuously published.

XXII. Liability of Participants of the Payment System

58. Participants of the payment system bear civil, administrative, or criminal liability in the manner established by law for violating the established procedure for the issuance of bank cards within the territory of the Republic of Uzbekistan, providing services via bank cards, and conducting settlements for operations.

XXIII. Resolution of Disputes Arising from the Use of Bank Cards

59. Disputes related to the issuance of bank cards, conducting settlements for operations performed through them, and providing services are resolved through the courts in the manner established by legislation.

(Collecton of Legislation of the Republic of Uzbekistan, 2004, No. 17, Article 203; 2006, No. 48-50, Article 497; 2011, No. 28, Article 298; National Database of Legislative Information, 16.04.2019, No. 10/19/1344-6/2944))