Resolution of the Board

of the National Bank

of the Kyrgyz Republic

of 2 June 2022
No. 2022-П-14/35-4-(ПС)

On Amending

the Resolution of the Board of the National Bank of the Kyrgyz Republic

“On Approval of the Rules for Making Payments Using Two-Dimensional Barcode Symbols (QR Code)” of 11 December 2019 No. 2019-П-14/62-5-(ПС)

In order to ensure inter-system integration of various payment systems and create a unified payment space for payers using QR codes of payment systems for making payments and transfers, the Board of the National Bank of the Kyrgyz Republic, guided by Articles 20 and 68 of the Law of the Kyrgyz Republic “On the National Bank of the Kyrgyz Republic, Banks and Banking Activities”, resolves:

• 1. To amend the Resolution of the Board of the National Bank of the Kyrgyz Republic “On Approval of the Rules for Making Payments Using Two-Dimensional Barcode Symbols (QR Code)” of 11 December 2019 No. 2019-П-14/62-5-(ПС) (attached).

• 2. To the Legal Department:

  • publish this resolution on the official website of the National Bank of the Kyrgyz Republic;

  • after official publication, send this resolution to the Ministry of Justice of the Kyrgyz Republic for inclusion in the State Register of Normative Legal Acts of the Kyrgyz Republic.

• 3. This resolution enters into force upon the expiration of fifteen days from the day of official publication, except for paragraphs 4 and 8 of the Appendix to this resolution, which enter into force on 1 August 2022.

• 4. Commercial banks, payment system operators/payment organizations and their agents shall complete measures to unify QR codes and bring them into compliance with the National Standard of Two-Dimensional Barcode Symbols for Financial Payments KMS 1348:2019, approved by order of the Center for Standardization and Metrology under the Ministry of Economy of the Kyrgyz Republic of 15.04.2019 No. 18-СТ, by 30 September 2022. complete measures to unify QR codes

• 5. To the Payment Systems Department to bring this resolution to the attention of commercial banks, payment organizations and payment system operators.

• 6. To the Department for the Development of the State Language and Document Management to bring this resolution to the attention of the relevant structural subdivisions, regional departments and the representative office of the National Bank of the Kyrgyz Republic in the Batken region.

• 7. To entrust control over the execution of this resolution to the member of the Board of the National Bank of the Kyrgyz Republic supervising the Payment Systems Department.

Chairman K. Bokontaev

Appendix

to the Resolution of the Board

of the National Bank

of the Kyrgyz Republic

of 2 June 2022
No. 2022-П-14/35-4-(ПС)

Amendments

to the Resolution of the Board of the National Bank of the Kyrgyz Republic

“On Approval of the ‘Rules for Making Payments Using Two-Dimensional Barcode Symbols (QR Code)’ of 11 December 2019 No. 2019-П-14/62-5-(ПС)

To introduce the following amendments to the Resolution of the Board of the National Bank of the Kyrgyz Republic “On Approval of the Rules for Making Payments Using Two-Dimensional Barcode Symbols (QR Code)” of 11 December 2019 No. 2019-П-14/62-5-(ПС):

• in the title and in paragraph 1 of the resolution, after the word “payments”, supplement with the words “and transfers”

in the Rules for Making Payments Using Two-Dimensional Barcode Symbols (QR Code), approved by the above-mentioned resolution:

• 1) in the title of the Rules, after the word “payments”, supplement with the words “and transfers”;

• 2) in paragraph 3, after the words “QR codes”, supplement with the words “/payment links”;

• 3) supplement paragraph 5 with the eighth paragraph of the following content:

“Payment instrument – a payment application and/or technical solution of a participant of payment systems, providing the user with the possibility of accepting payments and/or making a transfer of funds”;

• 4) restate paragraph 6 as follows:

“6. Participants of payment systems must make payments using a QR code through the interaction operator/operators in accordance with the requirements of these Rules, subject to the following conditions:

    - 1) the QR code generation systems of all participants of payment systems must fully comply with the requirements of the National Standard and Appendix 1 to these Rules and ensure functional compatibility for inter-system integration with other participants of payment systems by joining the interaction operator;

    - 2) processing of a payment using a QR code that is generated in the participant’s own QR code generation system of payment systems on a priority basis is carried out (processed) in the own system of that participant of payment systems.”;

• 5) supplement the Rules with paragraphs 6.1. and 6.2. of the following content:

“6.1. Commission remuneration and tariffs for the provision of services for making payments using QR codes to business entities (TSP) are established by participants of payment systems independently in accordance with the requirements of the banking legislation of the Kyrgyz Republic and do not require coordination (approval) with the interaction operator;

6.2. The interaction operator is prohibited from committing actions (establishing requirements in its operating rules) that contradict the antimonopoly legislation of the Kyrgyz Republic, aimed at preventing, restricting or eliminating competition and establishing an unjustified advantage over other participants of payment systems, including establishing contractual relations without explicit economic sense and/or leading to loss-making activities of one of the parties, except for payments directly directed to the budget of the Kyrgyz Republic.”

• 6) restate paragraph 8 as follows;

«8. Payments using a QR code by a participant of the payment system in its own QR code generation system shall be carried out in accordance with the operating rules and technical regulations of the participant of the payment systems itself, whereby the participant of the payment systems shall be responsible for ensuring the execution of the payment using a QR code and the receipt of funds from the payer to the final recipient.»;

• 7) in paragraph 12:

the sixth paragraph shall be restated as follows:

«- the system of the interaction operator must be connected to the system of the operator of the national payment system “Elkart”;

• shall be supplemented with the seventh and eighth paragraphs as follows:

«- the system of the interaction operator must be connected to the Gross Real-Time Settlement System of the National Bank;

• the QR code generation system must comply with the requirements of the National Standard and Appendix 1 to these Rules»;

  • 8) paragraph 17 shall be restated as follows:

«17. For the implementation of intersystem integration of various payment systems, participants of payment systems shall conclude with the interaction operator an accession agreement for making payments and transfers using a QR code.»;

• 9) paragraph 24 shall be restated as follows:

«24. The use of a QR code and payment links in any connections must fully comply with the requirements of the National Standard and Appendix 1 to these Rules»;

• 10) subparagraph 7 of paragraph 25 shall be restated as follows:

«7) the interaction operator shall ensure the timely generation on a daily basis of clearing files for final settlements on payments using a QR code of the participants of payment systems connected to it.»;

• 11) paragraph 32 shall be restated as follows:

«32. A participant of the payment system, for making payments using a QR code, must ensure in the payment instrument the possibility of scanning a QR code and/or following a payment link, receiving notifications of a completed payment, as well as generating a QR code, depending on the technical capabilities of the payment instrument used.»;

• 12) The Rules shall be supplemented with paragraphs 39 and 40 as follows:

«39. Participants of payment systems shall quarterly provide to the National Bank information on payments and transfers made by means of QR codes, according to the form of Appendix 2 to these Rules, no later than the 25th (twenty-fifth) day of the month following the reporting quarter, in electronic form (scanned version of the document) with subsequent dispatch of the paper version.

40. Participants of the payment system, when making payments using a QR code, shall independently carry out measures for identifying, assessing, monitoring, managing, reducing and documenting/recording risks in accordance with the legislation of the Kyrgyz Republic in the field of countering the financing of terrorist activities and the legalization (laundering) of criminal proceeds, including the identification of operations of the client-payer subject to control and having signs of suspicious operations.»;

• 13) in the Appendix to these Rules, after the word “Appendix”, add the digit “1” and after the word “payments”, add the words “and transfers”;

• 14) The Rules shall be supplemented with Appendix 2 as follows:

«Appendix 2

to the Rules for Conducting

Payments and Transfers

Using Two-Dimensional

Barcode Symbols (QR Code)

Name of the participant of payment systems _______________ ________________________________ For ______________ quarter of 20__.

REPORT

on the execution of payments and transfers by means of QR codes

No.

Type of payment instrument used for making payments and transfers using QR codes

Interaction operator to which the participant of the payment system is connected

Transfers

Payment for goods/services

Number of merchants (sub-participants for accepting payments via QR codes (total)

In its own system

Intersystem

in favor of its own merchants (outgoing)

of which payments to the budget

Intersystem

payments (outgoing)

Quantity

Volume

Incoming

Outgoing

Quantity

Volume

Quantity

Volume

Incoming

Outgoing

Total

quantity

Of which active

Quantity

Volume

Quantity

Volume

Quantity

volume

Qty

Volume

1.

2.

3.

Total:

First executive (during their absence - the person replacing them) _________________________________________ surname, name, patronymic (if any) __________________________________ (signature) Executor ______________________________________ (position) (tel. number) _________________________________________ surname, name, patronymic (if any) __________________________________

(signature)

Date of signing the report "_" ___________________ 20 year

Seal».