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Amending And Supplementing Law No. 62-Xvi Of 21 March 2008 On Currency Regulation

Original Language Title: pentru modificarea şi completarea Legii nr. 62-XVI din 21 martie 2008 privind reglementarea valutară

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Parliament adopts this organic law.
Art. I. - Law no. 62-XVI of 21 March 2008 on currency regulation (Official Gazette of the Republic of Moldova, 2008, no. 127-130, art. 496), as amended, is amended and supplemented as follows:
1. Article 3:
point 6) reads as follows:
"6) payment instruments - bills of exchange, checks and other similar financial instruments that represent monetary claims on their issuers. That concept does not include payment instruments defined as such by Law no. 114 of 18 May 2012 on payment services and electronic money; "
paragraph 9):
letter b) shall read as follows:
" b) individuals practicing, under Moldovan law , entrepreneurial activity, as well as lawyers, notaries, bailiffs and other persons engaged in independent professional activity, referred to as resident individuals who practice a certain activity; "
point f) is in the end the text" the notion that include permanent representations (defined as the tax Code no. 1163-XIII of 24 April 1997), which carries out business activities in Moldova of non-residents specified in section. 10) letter c) and d); "
paragraph 10), point f) is in the end the text:" The notion that include permanent representations (such as legislation attributable to foreign states) who run businesses in those states, resident legal entities; "
article is supplemented by paragraphs 12) -14) as follows:
" 12) payment service providers residents - legal entities, according to Law no. 114 of 18 May 2012 on payment services and electronic money, have the right to provide payment services;
13) non-bank payment service providers residents - legal entities (other than licensed banks and NBM) which, according to Law no. 114 of 18 May 2012 on payment services and electronic money, have the right to provide payment services;
14) payment account - account defined by Law no. 114 of 18 May 2012 on payment services and electronic money. "
2. Article 4:
after paragraph (8) the following paragraph (81) as follows:
"(81) If this Law, the normative acts of the National Bank of the essence of legal or otherwise not apparent, legal norms related to foreign exchange regulation set for payment service providers and properly apply to electronic money issuers in connection with the issuance of electronic money and payment services for issuing electronic money. "
(9) reads as follows:
"(9) residents have the right to open foreign currency accounts with licensed banks and payment accounts in foreign currency to non-bank payment service providers resident payment accounts except for issuing currency electronics.
National Bank of Moldova has the right to set terms and conditions for foreign exchange operations through bank accounts / payment accounts in national currency and foreign currency accounts opened by residents with licensed banks / from non-bank payment service providers residents. "
after paragraph (9) is inserted in paragraph (91) as follows:
"(91) in this law, open bank accounts and accounts with licensed banks include payments that open to licensed banks their quality of service payment and electronic money issuers according to Law. 114 of 18 May 2012 on payment services and electronic money. "
Article is completed with paragraph (12) as follows:
"(12) In cases where this law provides for quantitative ceilings in euro, and in the cases provided for in art. 421 par. (2) c) and para. (3) f) and Art. 44 para. (4) the determination of the equivalent in another currency is performed by applying the official rate of MDL, as established by the National Bank of Moldova. "
March. Article 6:
(6):
point 2) a), the words "less than" is replaced with the words "not exceeding";
After point 3) insert point 4) as follows:
"4) loans / credits of operations related to direct investments."
After paragraph (6) the following paragraph (61) as follows :

"(61) Para. (6) does not apply if the amount of the loan / credit or collateral received does not exceed 50,000 euros (or their equivalent). "
4. Article 9:
in paragraph (1) c), the words "share certificates, registrations in the accounts" is replaced by "fund units, shares";
(2):
point 1), letter b) reads as follows:
"b) the admission to trading on an exchange;"
Item 3) in the end the words "or other asset / index";
Paragraph shall be supplemented by paragraph 6) as follows:
"6) scholarship covers the concept of regulated market and / or multilateral trading system."
(11) and (12) to read as follows :
"(11) Without authorization from the National Bank operations can be carried out with financial instruments mentioned in para. (6) - (10) where:
a) the amount not exceeding 10000 euro (or their equivalent); or
b) financial instruments are issued by international organizations.
(12) licensed banks and entities whose activity is regulated and supervised by the National Commission of Financial Market perform operations with foreign financial instruments without authorization from the National Bank of Moldova. "
May. Article 11 (4), the words "excluding financial leasing and interbank credits with the initial repayment period not exceeding one year." Are replaced by "except for the following loans / credits:
a) leasing financial;
B) loans extended by licensed banks;
C) loans / loans (other than those indicated in a) and b)) whose value does not exceed 10,000 euros (or their equivalent). "
June. Article 12 is completed with paragraph (4) as follows:
"(4) Para. (3) does not apply if the guarantee amount not exceeding 10000 euro (or their equivalent). "
July. Article 13:
in paragraph (3), second paragraph reads as follows:
"National Bank has the right to set terms and conditions for foreign exchange operations through accounts in national currency and foreign currency of non-residents in foreign banks licensed. "
(5) is supplemented by letters e) and f) as follows:
" e) opening of deposit accounts by residents of guarantee provided for in art. 12 para. (3) b) if the guarantee amount not exceeding 10000 euro (or their equivalent);
F) opening by residents of accounts designed to perform operations related to receiving loans / loans / guarantees from non-residents, if the amount of the loan / credit / guarantee not exceeding 10000 euro (or their equivalent). "| || from (6) the words "pertaining to the management and closure" is replaced with the word "related".
August. Article 15 (2) a) and b) the figure "1000" is replaced by "10000".
September. Article 16:
in paragraph (2) a), the figure "1000" is replaced by "10000";
After paragraph (2) insert paragraph (21) as follows:
"(21) Para. (2) does not apply to granting donations to non-residents indicated in art. 3 pt. 10) letter h) and i). "
in paragraph (3), the second paragraph becomes (4);
Article is supplemented by paragraphs (5) - (7) as follows:
"(5) Para. (4) does not apply if the transaction amount not exceeding 10000 euro (or their equivalent).
(6) Non-residents are entitled to open accounts in foreign currency payments (with the exception of payments for issuing electronic money) and national currency to non-bank payment service providers residents. National Bank is entitled to set terms and conditions for foreign exchange operations through these accounts.
(7) Residents are entitled to open accounts for payments to non-resident payment service providers (other than foreign financial institutions). The transfers to these accounts shall be subject to the provisions of par. (3) - (5). "
10. Article 18, second paragraph, after the word "licensed" the words "as well as their payment accounts opened at non-bank payment service providers residents".
11. Article 21 (2):

Point a1), the words "for operations related to its activity" is replaced by "- for operations related directly to services rendered in the course of its insurance, leasing, microfinance, with the exception of their grant loans in foreign currency ";
After a1) the following point a2) as follows:
"a2) transactions in which one party is a non-bank payment service provider resident - for transactions in foreign currency that activities carried out under financial market conducted according to Law. 114 of 18 May 2012 on payment services and electronic money; "
in point b), the words" operations between legal entities - to perform "shall be excluded;
Point c) to read as follows:
"c) operations related to the performance via bank account / payment account in foreign currency of a stock or an organization that manages the clearing and settlement systems in Moldova transfers in foreign currency in settlements (including participation brokers / investment firms) related to currency transactions involving non-residents; "
letter l) reads as follows:
" l) issue / the deeds enforceable in accordance with the legislation of the Republic of Moldova; "
after point m) the following point m1) as follows:
" m1) distribution to beneficiaries of funds from non-residents in foreign currency within projects / technical assistance from foreign financing for Moldova; ".
12. Article 22 (2) after the first paragraph, second paragraph is inserted as follows:
"Licensed banks have no right to give residents (others than licensed banks) loans in foreign currency in cash."
13 . Article 23:
(1) shall be supplemented by the letters l) and m) as follows:
"l) a loan / credit in the amount not exceeding 10000 euro (or their equivalent) in favor a resident individual who is abroad;
M) repayment of a loan / credit and amounts relating thereto in favor of a resident individual who is abroad if the amount of loan / credit not exceeding 10000 euro (or their equivalent). "
To (2 ) introductory part, the words "abroad" is replaced by "foreign financial institutions";
(3):
letters b) and c) the figure "1000" is replaced by "10000";
Paragraph is supplemented by letters e) and f) as follows:
"e) a loan / credit in the amount not exceeding 10000 euro (or their equivalent) in favor of a resident individual who is abroad;
F) the repayment of a loan / credit and amounts relating thereto in favor of a resident individual who is abroad if the amount of loan / credit not exceeding 10000 euro (or their equivalent). "
(4) :
letter c), the words "abroad" is replaced by "foreign financial institutions";
Paragraph is completed with the letter d) as follows:
"d) if those individuals have accounts with financial institutions abroad without authorization from the National Bank of Moldova in the cases provided for in art. 13 para. (5) b) e) and f). "
in paragraph (5) the wording" accounts opened abroad under Moldovan law "is replaced by" bank account / payment accounts opened abroad ".
14. Article 25:
in paragraph (2) the words "their accounts" is replaced with the words' bank accounts / accounts of payments ";
In paragraph (3), the words "their accounts" is replaced by "bank account / payment accounts" and after the word "use" the words "cards and";
(4) and (5) shall read as follows:
"(4) The cases in which foreign exchange can be carried out by residents and non-cash or using traveler's checks in foreign currency, including cases the submission / release of bank accounts / payment accounts of their cash in foreign and national currency and traveler's checks in foreign currency are specified in art. 26.
limits card usage by residents and non-residents in foreign operations are set out in art. 27.

(5) Funds received in foreign exchange operations by resident legal entities (other than licensed banks, non-bank payment service providers residents and exchange offices) and non-resident legal persons to be registered bank accounts and / or their payment accounts. "
in paragraph (6), first paragraph, the words" house person "is replaced by" house person "after the word" licensed "the words" non-bank payment service provider resident "and finally completed with the words" every house ";
To (8), after the word "use" the words "cards and" and the words "their accounts" is replaced with the words' bank accounts / accounts of payment thereof ".
15. Article 26:
(1):
in point a) the words "and legislation" is replaced by "- in cases where this law and other legislative acts allow the use of cash in foreign currency and traveler's checks in foreign currency ";
After point a) the following point a1) as follows:
"a1) performance by non-bank payment service providers residents of foreign operations in the financial market activities carried out under Law no. 114 of 18 May 2012 on payment services and electronic money - for cases where this law and other legislative acts allow the use of cash in foreign currency; "
point k), the words" their accounts "is replaced with the words 'bank accounts / accounts of payment thereof ";
Point n) reads as follows:
"n) reception from individuals and disbursement of cash to individuals according enforceable documents issued / granted in accordance with the legislation of the Republic of Moldova," the letter p
) repealed;
Points q), r) and s), after the words "licensed bank" the words "/ their payment accounts opened at non-bank payment service providers residents";
After paragraph (1) insert (11) as follows:
"(11) In cases specified in para. (1) c) d) and e) the amount of cash receipt transactions may not exceed 5,000 euros (or their equivalent). "
in paragraph (2) a), the words' letter a) -p) "is replaced with forward the" letter a) -o) ";
(3):
in point a) the words "and legislation" is replaced by "- in cases where this law and other legislative acts allow the use of cash in foreign currency and traveler's checks foreign currency ";
After point a) the following point a1) as follows:
"a1) making by residents to non-bank payment service providers of foreign operations in the financial market activities carried out under Law no. 114 of 18 May 2012 on payment services and electronic money - for cases where this law and other legislative acts allow the use of cash in foreign currency; "
point h) to read as follows:
" h) receipt of individuals and issuance of cash to individuals according enforceable documents issued / granted in accordance with the legislation of the Republic of Moldova; "
point j), after the words" licensed bank "the words" / their accounts payments open to non-bank payment service providers residents ";
Points m), n) and o), after the words "licensed bank" the words "/ accounts opened their payments to non-bank payment service providers residents";
In paragraph (9), after the words "licensed bank" the words "/ accounts opened their payments to non-bank payment service providers residents".
16. Article 27 (3) - (5) shall read as follows:
"(3) The withdrawal of the Republic of Moldova of cash in foreign currency operations by cards issued by licensed banks and non-bank payment service providers residents attached to bank accounts / payment accounts of legal entities, shall be subject to the provisions of par. (4) of this article and art. 26.

(4) The right bank is not allowed to withdraw cash from ATMs in foreign currency by cards issued by licensed banks and non-bank payment service providers residents attached to bank accounts / payment accounts of legal entities .
(5) Foreign currency derived from the sale of goods or services in Moldova by cards issued by licensed banks and non-bank payment service providers and residents received bank / nonbank payment service provider resident in favor a trader operating in Moldova to be purchased by the bank / provider concerned and equivalent in national currency - past bank account / payment account of that trader. This provision does not apply to traders operating in the Republic of Moldova are entitled under foreign law, to sell goods or provide services in Moldova against foreign currency. "
17. Article 30:
in paragraph (5), the word "with" is replaced with the word "no";
To (6), after the word "resident" the words "in the amount exceeding 100,000 MDL".
18. Article 31:
in paragraph (2) the text "paragraph. (5) and (6) "is replaced by" paragraph. (6) ";
To (6), the words "into /" shall be excluded.
19. Article 33:
in paragraph (1) b) and (2) b) the words 'cards' are excluded;
In paragraph (5) the words "(except cards)" shall be excluded.
20. Article 35 is completed with paragraph (4) as follows:
"(4) In Moldova currency convertibility is ensured in accordance with the commitments assumed by Moldova by international treaties to which Moldova is a party."
21. Article 37:
in paragraph (3), after "other foreign currency" the words "and against national currency";
(4) - (8) is repealed.
22. Article 38 is completed with the letter d) as follows:
"d) residents other than those specified in subparagraph a) -c), where exchange transaction amount not exceeding 10000 euro (or their equivalent). "
23. Article 40 (2), the words "its currency exchange points" are replaced by "its currency exchange offices and foreign exchange instruments."
24. Article 41:
(2):
in point a), the words "its currency exchange points (hereinafter referred to as exchange offices licensed bank)" is replaced by "its currency exchange offices ( hereinafter referred to as exchange offices licensed bank) and / or through automated exchange ";
Point b) is in the end the text "of the foreign exchange desks / subsidiary and / or through automated exchange";
Letter c), after the words "natural persons" the words "against the national currency", and finally completed by 'and / or through automated exchange ";
After paragraph (2) insert paragraph (21) as follows:
"(21) The use, in exchange transactions with individuals of cash in foreign currency in the form of coins rests with the unit exchange. "
after paragraph (4) shall be inserted in paragraph (41) as follows:
" (41) In the present law, foreign exchange bureau of the licensed bank is counter (counters), open ( open) by the licensed bank in the head office, branch office or office in the secondary branch, which carry cash foreign exchange operations with individuals. "
(5) reads as follows: | || "(5) licensed banks are required to notify the National Bank of Moldova on the opening exchange offices, working offices concerned and on the installation of appliances exchange. And terms of notice are established by the National Bank of Moldova. "
Article is supplemented by paragraphs (10) and (11) as follows:
" (10) exchange offices and hotels are obliged to respect requirements laid down for obtaining license / authorized copy of the license throughout the work carried out under licenses issued by the National Bank of Moldova.

(11) Processing of personal data by the foreign exchange entities shall be in accordance with the legislation on the protection of personal data and control over its observance is performed by the control of the processing of personal data . "
25. Article 42:
in paragraph (1), the words "the foreign exchange bureau of the licensed bank" is replaced by "foreign exchange bureau of the licensed bank";
In paragraph (2):
letter a) shall read as follows:
"a) a copy of the license of the foreign exchange office / hotel and in the case of the branch exchange - a copy of the copy authorized license. A copy shall be authenticated by the administrator of the exchange office / hotel or the person authorized by it; "
point c) to read as follows:
" c) the information regarding mandatory payment charged under the Law on the Republican Fund and local funds for social support of population no. 827-XIV of 18 February 2000; "
(4) reads as follows:
" (4) The foreign exchange entity is obliged to carry out foreign exchange operation in cash with individual in amount and currency required if, when addressing its information on the courses buying and selling of foreign currencies set by the foreign exchange entity was displayed in the respective room unit there is currency / foreign currency required amount. "|| | after paragraph (6) the following paragraphs (61) - (63) as follows:
"(61) of the foreign exchange client is entitled to request the revocation of foreign exchange transaction until its completion, and within 30 minutes after its completion if the following conditions are met simultaneously:
a) the period indicated, the purchase / sale of foreign currency purchased / sold has not been altered;
B) revocation request is made at least 30 minutes prior to the completion of the work program of the foreign exchange.
Operation exchange is considered completed after the customer receives the cash and cash receipt or other document prescribed by tax legislation. When calculating the period of 30 minutes is the time indicated in the voucher or in another document provided by tax legislation.
Revocation exchange operation after its completion is based on written request of the client, with the attached voucher or other document prescribed by tax legislation.
(62) The foreign exchange entity is obliged to reimburse the customer immediately after the application for revocation, the funds received in exchange transaction revoked, and if they do not access the funds needed - not later the next working day.
(63) National Bank of Moldova has the right to establish requirements to ensure transparency of conditions for conducting foreign exchange transactions between foreign exchange entities and their customers. "
(7) reads as follows:
"(7) If the foreign exchange entity intends to suspend its work for a period and / or subsidiary of the foreign exchange activity, the activity of foreign exchange bureau of the licensed bank, the activity of the exchange office hotel or business through machine (s) exchange, it is bound before suspending activities to inform accordingly the National Bank of Moldova in the established manner. Before the operation, foreign exchange entity is obliged to inform in writing in this regard, National Bank of Moldova, indicating the date of resumption of work. "
(8):
the first paragraph, the words" point exchange of the licensed bank "is replaced by" foreign exchange bureau of the licensed bank ";
Second paragraph reads as follows:
"From the date of submission of the license / authorized copy of the license to the National Bank of Moldova, licensed / authorized copy of the license shall be deemed withdrawn."
Complement Article paragraph (9) as follows:
"(9) para. (2) - (62) applies where the currency exchange operations with individuals are performed of the foreign exchange desks. "
26. After Article 42 insert Article 421 as follows:
"General Provisions Article 421. Conditions

use of air exchange

Currency (1) The unit of exchange is an automatic self-service that allows performance of purchase / sale of cash foreign currency for cash in MDL, according to the exchange rate displayed on the device, release cash voucher or other document prescribed by tax legislation.
(2) exchange unit must meet at least the following conditions:
a) be equipped with technical means for verifying the authenticity of banknotes;
B) be fitted with devices or systems to record cash transactions as required by tax laws;
C) be programmed to carry out foreign exchange transactions in the amount not exceeding 5000 Moldovan lei per operation or equivalent in foreign currency;
D) to be displayed on the camera body identification and contact of the foreign exchange and contact details of the National Bank of Moldova that may be submitted complaints on currency exchange operations;
E) it is equipped so as to ensure individual customer identification in accordance with Law no. 190-XVI of 26 July 2007 on preventing and combating money laundering and terrorism financing and with the regulations developed under this Act.
(3) If the individual exchange transactions carried out by means of the exchange, this device should ensure, in automatic mode:
a) receipt of information regarding individual transaction which it intends to carry out;
B) displaying on the screen until the completion of the exchange, at least the following information: name and / or the foreign currency; currency amount received / to be received; the amount of currency to be issued; exchange rate applicable; the size and amount of commission (if applicable); size and amount of mandatory (where it is levied according to Law on the Republican Fund and local funds for social support of population no. 827-XIV of 18 February 2000);
C) checking the authenticity of banknotes introduced;
D) revocation by the client foreign exchange transaction until its completion. Foreign exchange operation is considered completed after the client receives from the machine exchange cash and document referred to in subparagraph e);
E) issue cash receipt or other document prescribed by tax legislation, which must include the information indicated in letter b) as well as other information provided by tax legislation;
F) to conduct foreign exchange transactions in the amount not exceeding 5000 Moldovan lei per operation or equivalent in foreign currency;
G) release of funds of an equivalent amount of cash inserted, less, if applicable, the amount applicable fee and the compulsory payment to be charged under the Law on the Republican Fund and local funds for social support No . 827-XIV of 18 February 2000;
H) if the device characteristics do not allow foreign exchange operation with small denomination banknotes or coins, which make it impossible to release the client the exact amount to be issued according to letter g) - notification on the screen of the client of this fact, indicating the amount that may be issued, and getting up to the completion of the exchange, the customer's agreement for the operation under these conditions.
(4) Electronic Exchange can be installed both inside banks (subdivisions) and exchange offices (subsidiaries), and outside them. The hotel can only install the device exchange within the hotel.
(5) At the discretion of the foreign exchange other than the hotel via a device exchange operations can be performed either purchase or sale operations, or both types of operations. "
27. Article 43:
in paragraph (1), the word "point" is replaced with the word "office";
In paragraph (2), the word "point" is replaced with the word "office" and the word "point" is replaced with the word "office";
After paragraph (6) the following paragraph (61) as follows:

"(61) In case of foreign exchange transactions through automated foreign exchange, foreign exchange entity may set up bid and ask rates different for each device that will be displayed on the device screen."
After paragraph (8) the following paragraphs (81) and (82) as follows:
"(81) to exchange operations in cash with individuals, foreign exchange entities established courses purchase and sale of US dollar, euro , sterling, Romanian leu and Ukrainian hryvnia with two decimal signs, and the Russian ruble - three decimal signs.
(82) The foreign exchange entity may change in the course of its work program, Bid and ask rates for currency exchange operations in cash with individuals. National Bank is entitled to set the frequency change of course purchase and sale within the work program of the Foreign Exchange Entities. "
(9) reads as follows:
" (9) If the foreign exchange entity changed, during its work program, the courses buying and / or selling for currency exchange operations in cash with individuals, it must provide information in this regard to individuals by displaying that information, under this Article, until the start performing operations with application of new courses set. "
after paragraph (9) is inserted in paragraph (91) as follows:
" (91) the foreign exchange entity should develop and have at the time when foreign exchange activity and implement internal procedures to regulate the procedure for amendment, during working hours, the courses buying and / or selling for currency exchange operations in cash with individuals (principles / reasons for change of currency etc.). "
paragraph (14):
in the introduction, after the word" advertising "the words" and on the device display exchange ";
Paragraph is completed with the letter c) as follows:
"c) display exclusion practices that mislead customers."
In paragraph (15), after the word "advertising" the words "and foreign exchange on the device display ";
Article is supplemented by paragraphs (16) and (17) as follows:
"(16) In setting the unit of foreign exchange purchase and sale rates and fees when using appliances currency exchange, properly apply the provisions of par. (1), (3) - (5), (7) - (12).
(17) In order to protect the rights of foreign exchange entities clients, National Bank of Moldova has the right to lay down additional technical laying on how the units of exchange rates and the purchase and sale exchange rates display panel on the device display advertising and exchange. "
28. Article 44:
(3) reads as follows:
"(3) The introduction of pecuniary contributions in the equity of the exchange, including if the capital increase is carried out by recording the respective accounts means house exchange / subsidiaries opened with licensed banks. This provision shall not apply if the capital increase of the foreign exchange account is profit earned by it. "
After paragraph (3) insert paragraph (31) as follows:
"(31) the documents that serve as proof of the introduction of pecuniary contributions in the equity of currency exchange / capital increase shall be determined by the National Bank of Moldova."
after paragraph (4) shall be inserted in paragraph (41) with the following content:
"(41) Currency exchange facilities appliances money can be made from the account of funds indicated in para. (1) and / or (2) the amount determined by the exchange house. "
(5) reads as follows:
" (5) during working hours, currency exchange and its subsidiaries are obliged to keep funds circulating within their premises, which directly performs currency exchange operations also in their accounts opened with licensed banks and / or foreign exchange instruments. Keeping on during working hours, the respective funds in other places (bank treasury cells etc.) is prohibited. "
(7) and (8) shall be repealed;

(9) in the end the words: "The address can be installed one or more appliances exchange."
(10) reads as follows:
"(10) the premise where exchange performed by counters, currency exchange operations in cash with individuals must meet the minimum requirements set by the National Bank of Moldova. With such accommodation must be provided with all branches of the foreign exchange. These rooms can not be used by another exchange office of his business. "
29. Article 45:
(1) reads as follows:
"(1) On a licensed bank can open one or more exchange offices and / or install one or more appliances Exchange . "
(2) is repealed;
In paragraph (3) the words "the exchange office of the bank" is replaced by "exchange bank office and installing the unit exchange".
30. Article 46 is in the end the text: "In the hotel can be installed one or more appliances exchange."
31. Article 47:
in paragraph (1):
letter a) shall read as follows:
"a) name, legal form of organization, address, IDNO, date of state registration, type of activity House currency exchange, full name and IDNP site manager, his name / name and surname associates IDNO sites or sites IDNP their size and capital shares held by each shareholder; "
point c) the words "the veracity of documents" is replaced by "timeliness, completeness and veracity of documents and information";
In paragraph (2)
a) is repealed;
Letters b) and c) to read as follows:
"b) the document confirming the person signing (submit) the respective application - where the application for a license is signed (submitted) by a person other than the administrator of the enterprise;
C) excerpt from the shareholder register (issued more than 2 months before the date of application) - for the joint stock company; "
point d), after the word" document "the words" (according to requirements established by the National Bank of Moldova) ";
Point i) to read as follows:
"i) criminal records issued by authorized body of the Republic of Moldova on behalf of members / shareholders, administrator and deputy chief accountant confirming that the person is not registered in Registry information and forensic criminology Moldovan with the annexation, where associates / non-resident shareholders, a copy certified by the administrator of the exchange of the documents / identity documents their registration. For non shows further similar documents issued by the State, which would confirm that the person has no criminal record; "
after letter i) points are inserted i1) and i2) as follows:
" i1) statements the sole responsibility of the administrator, his deputy and chief accountant of lack deprivation of the right to hold positions related to the activity of management of a company / recording of accounting;
I2) self-declarations of members / shareholders who would attest to the fact that legal persons are not in liquidation or insolvency and legal entities / individuals were not subject to legal restriction to establish commercial or participate the capital of their "
paragraph is supplemented by the letters m) -a) follows:
" m) of each device registration document exchange to the tax - if the operations will and perform through automated exchange rates;
N) information as required by the National Bank of Moldova, the compliance unit exchange this law - where the operations will be carried out through automated and exchange rates;
A) confirmation signed by the administrator of Exchange or person authorized by him regarding the availability of the materials in art. 42 para. (1) b) and d) - where the operations will be carried out only through automated exchange. "
after paragraph (2) insert paragraph (21) as follows:

"(21) If the exchange house calls The license to conduct foreign exchange activity only through automated exchange on request, filed under par. (1) the documents as specified in par. (2) b) d) i) k) m) -o). "
in paragraph (3):
letter a) shall read as follows:
" a) name, legal form of organization, address, IDNO, date of state registration, type of activity of the exchange office, the name of the administrator and IDNP site, his name / name and surname associates IDNO sites or IDNP sites their size capital and shares held by each shareholder; "
point b) is in the end the words" the date of state registration of the branch, the name of the branch administrator IDNP it ";
Letter c), the words "the veracity of documents" is replaced by "timeliness, completeness and veracity of documents and information";
In paragraph (4)
a) is repealed;
Letter b) shall read as follows:
"b) the document confirming the person signing (submit) the respective application - where the application for a license is signed (submitted) by another person than the administrator of the enterprise; "
subparagraph c) the word" document "is replaced by" documents (as specified by the National Bank of Moldova) ";
Point h) to read as follows:
"h) criminal records issued by authorized body of the Republic of Moldova on behalf of its branch administrator, confirming that the person is not registered in the Register of the Republic of criminology and forensic information Moldova. For non shows further similar documents issued by the State, which would confirm that the person has no criminal record; "
after letter h) the following point h1) as follows:
" h1) sworn statements of its branch administrator on lack deprivation of the right to hold positions related to the activity of management of a company; "
to (5):
letter a) shall read as follows:
" a) name, legal form of organization, address, IDNO, date of state registration of the hotel, the name of the administrator and IDNP site, his name / name and surname associates IDNO sites or IDNP sites their type of activity related rendering hotel services; "
letter c), the words" the veracity of documents "is replaced by" timeliness, completeness and veracity of documents and information ";
To (6)
a) is repealed;
Letters b) and c) to read as follows:
"b) the document confirming the person signing (submit) the respective application - where the application for a license is signed (submitted) by a person other than the administrator of the enterprise;
C) excerpt from the shareholder register (issued more than 2 months before the date of application) - for the joint stock company, "the letter
e) reads as follows:
" s) criminal records issued the authorized body of the Republic of Moldova on behalf of the administrator, his deputy and the accountant responsible for the activity of foreign exchange center that would confirm that the person is not registered in the Register of forensic and criminological information Moldova. For non shows further similar documents issued by the State, which would confirm that the person has no criminal record; "
after e) the following point e1) as follows:
" e1) sworn statements the administrator, his deputy and the accountant, responsible for the activity of the hotel exchange, the absence deprived of the right to hold positions related to the activity of management of a company / recording of accounting; "
paragraph is supplemented by the letters h) j) as follows:
"h) registration document for each unit of foreign exchange to the tax - if the operations will be carried out through automated and exchange rates;
I) information as required by the National Bank of Moldova, the compliance unit exchange this law - where the operations will be conducted through the unit and exchange rates;

J) confirmation signed by the hotel manager or person authorized by him, on the availability of materials specified in Art. 42 para. (1) b) and d) - where the operations will be carried out only through automated exchange. "
after paragraph (6) the following paragraph (61) as follows:
" (61) If the hotel requires deployment of licensing a currency exchange activity only through automated exchange, on request, filed under par. (5) the documents as specified in par. (6) letter b) c) e) f) h) j). "
(7) reads as follows:
" (7) The documents specified in par. (1) - (61) are deposited at the National Bank of Moldova in original or copies, presenting the original for verification, except for criminal records, which shall be submitted in original and identity documents / registration documents of partners / non-resident shareholders, who appear copies by the administrator of exchange. Following the confrontation by National Bank of children with original documents, the originals are returned to the applicant the license / authorized copy of the license. The information indicated in para. (1) a) para. (3) a) and b) and para. (5) a)
checked by the National Bank of Moldova by accessing information resources. "
(9) reads as follows:
" (9) Every year, the documents indicated in para. (2) i) i1), para. (4) h) and h1) and para. (6) letter e) and e1) present at the National Bank in the manner and within the deadlines set for it. "
paragraphs (10) and (11) is repealed.
32. Article 48:
(1) is in the end the words "to which are attached all necessary documents";
In paragraph (2) after "branch of the exchange" the words "/ unit exchange";
(3) reads as follows:
"(3) The reason for rejecting the request for issuing the license / authorized copy of the license serves:
a) signature (filing) the application by a person that without appropriate authorization;
B) identification by the National Bank of incorrect data / incomplete / contradictory documents submitted by license applicant / authorized copy of the license;
C) failure to submit all documents in accordance with art. 47;
D) filing documents in violation of art. 47;
E) Violation of art. 65 para. (5) - (7);
F) Violation of art. 66 para. (5) and (6). "
33. Article 49:
(3) repealed;
In paragraph (4) the term "licensee" is replaced by "foreign exchange office or hotel holding the license of the National Bank (the licensee)".
34. Article 50 (2), the words "5 years" is replaced with the word "unlimited".
35. Article 51:
title of the article reads as follows:
"Article 51. Modification of Data
Application for a license
and its attachments ";
To (1) the words' documents attached to "exclude and finally completed with the words" and the documents annexed thereto ";
In paragraph (3), after "the foreign exchange bureau of the hotel," the words "the unit of exchange," and after "branch of the exchange" the words "/ machine parts Currency ";
Article is supplemented by paragraphs (5) and (6) as follows:
"(5) If during the activity occurred changes / additions to the composition of members / shareholders of the foreign exchange or has been replaced administrator, his deputy or chief accountant (accountant) of the foreign exchange office / hotel, exchange office / hotel is to present, in addition to information on changes / additions, as applicable documents specified in art. 47 para. (2) i) j), para. (4) h) -i), para. (6) letter e) f) relating to persons referred.
(6) If the foreign exchange office / hotel plans to install equipment exchange (including supplementary) exchange office / hotel is to submit an application for updating the license, with the attached documents specified in art. 47 para. (2) m) -o), para. (6) letter h) j). "
36. Article 52 (4) reads as follows:

"(4) The National Bank of Moldova reject the application for updating the license / authorized copy of the license based on grounds specified in art. 48 para. (3). "
37. Article 53:
(2) in the end the text ", which is attached to the notice of confirmation publication loss of the license / authorized copy of the license in the Official Gazette of the Republic of Moldova";
In paragraph (3) the words "with license / authorized copy" is replaced by "the copy of the license / authorized copy" and finally complement the text paragraph: "The original license / authorized copy of the license is damaged submit to the National Bank to issue duplicate license / authorized copy of the license. "
(5) and (7) is repealed.
38. Article 54 reads as follows:
"Article 54. License Fee
(1) license fees for currency exchange activity in cash with individuals who issue foreign exchange office is 12,000 lei, and the fee for the license is issued is 6,000 lei hotel.
(2) The fee for issuing the authorized copy of the license fee for updating the license / authorized copy of the fee for issuing the duplicate license / authorized copy of it is 585 lei. In the case of updating the license for a copy authorized by the subsidiary already operates it for no fee.
(3) The fee amounts indicated in para. (1) and (2) shall be transferred to the state budget and are non-refundable if the foreign exchange office / subsidiary / foreign exchange point of the hotel does not make or outgoing. "
39. Article 55:
(4):
letter c), after the word "licensed" the words "or non-bank payment service provider resident";
Point d), after the word "inaccurate" insert the word "/ incomplete";
Paragraph is completed with the letter f) as follows:
'f) submission of information by competent authorities of the suspicious nature of the transaction subject to authorization and / or activity of the applicant in the context of legislation on preventing and combating money laundering and financing of terrorism. "
in paragraph (6) a), the words" as well as requirements for the specified application "is replaced by" the requirements for the specified application and the presentation of the documents concerned National Bank of Moldova ";
(8) is repealed.
40. Article 56:
(3) is in the end the words' and (51) ";
(5):
point d), after the word "licensed" the words "/ accounts of payments in foreign currency to non-bank payment service providers residents";
Letter e) is in the end the text "/ accounts of payments to non-bank payment service providers residents";
Point f) is in the end the text "/ payments from their accounts open to non-bank payment service providers residents";
Paragraph is completed with the letter l) as follows:
"l) establishing maximum period for keeping the purchased foreign currency against national currency bank accounts of legal entities and the requirement of its sale against national currency case not using them in due time. "
after paragraph (5) insert paragraph (51) as follows:
" (51) in the event of a systemic financial crisis, as defined by the national body set up to manage financial crises systemic addition to the protective measures referred to in para. (5) The National Bank of Moldova, in consultation with the Government the right to take the decision to prohibit or restrict withdrawals of foreign currency (cash and / or cashless) from foreign currency accounts opened with licensed banks, as and payments in foreign currency accounts opened at non-bank payment service providers residents, only allowing the withdrawal of the national currency. "
41. Article 57:
in paragraph (3), after letter a) the following point a1) as follows:
"a1) verifying compliance by units of the legislation currency exchange;"
paragraph ( 4) is in the end the words "if this law or other legal acts regulating the activity of foreign control provide otherwise".
42. Article 58:
(1):
point c) to read as follows:

"C) financial inspection bodies / financial control and fiscal authorities of the Ministry of Finance;"
paragraph is completed with the letter g) as follows:
"g) The Ministry of Information Technology and Communications." || | (2) shall be supplemented with the letter d) as follows:
"d) non-bank payment service providers and electronic money issuers residents residents in connection with the issuance of electronic money and payment services for issuing currency electronics. "
to (4), the words' letter b) -f) "is replaced by" lit. b) -g) ".
43. Article 62:
(1) is in the end the text "in the control field and control from the office";
After paragraph (1) insert (11) as follows:
"(11) controls the activity field units exchange is carried out under planned and unannounced inspections."
In paragraph ( 2) after the words "planned controls" the words "on the ground";
(3) reads as follows:
"(3) The National Bank of Moldova has the right to carry out unannounced checks on the work in the field of foreign exchange entities in the following cases:
a) to verify fulfillment by the foreign exchange entities within the requirements for the removal of detected violations and other requirements set by the National Bank of Moldova in relation to sanctions currency exchange units;
B) as a result of complaints (petitions) recorded National Bank, received from consumers, as well as from other persons, including authorities with control functions on infringement by the foreign exchange entities of the legislation currency;
C) where it is found under the controls of office, violation of the Foreign Exchange Entities of the legal provisions related to such exchange;
D) as a result of self-notification pursuant to risk-based analysis and / or in situations of instability in the foreign exchange market. "
To (4), after the word" control "the words" on the ground ";
After paragraph (4) shall be inserted in paragraph (41) as follows:
"(41) In the control field, National Bank officials designated to carry it may use as proof of the facts established technical means (audio, video, photo) and invite one or more witnesses. "
(5) reads as follows:
" (5) based on the results shall be made on the spot control act of control results in two copies, signed by officials of the National Bank to control of the processor and unit exchange in which the control. If the person refuses to sign the act of control results, National Bank officials recorded the rejection of the act. One copy of the results of the check is handed / dispatches of the foreign exchange and the second is kept at the National Bank of Moldova. "
To (6), after the word" control "the words" on the ground " and the words "out of the control" is replaced by "handing (receiving) the act of control results";
Article is supplemented by paragraphs (7) and (8) as follows:
"(7) controls the field and at the office on business units exchange is carried out taking into account the provisions of art. 751 of Law no. 548-XIII of 21 July 1995 on the National Bank of Moldova, which shall apply accordingly.
(8) National Bank of Moldova has the right to establish other features for verification in the field and office work on the foreign exchange entities linked to the use of appliances exchange. "
44. Article 63:
(2) reads as follows:
"(2) In case of violation of this law and the regulations of the National Bank of Moldova regarding the bureaus / appliances exchange of licensed banks, in case of non sanctions imposed, National Bank of Moldova has the right to apply sanctions in accordance with licensed banks art. 38 of the Law on Financial Institutions no. 550-XIII of 21 July 1995 and art. 75-752 of Law. 548-XIII of 21 July 1995 on the National Bank of Moldova, which shall apply accordingly. "

In paragraph (3), after the word "hotels," the words "for breach of licensing conditions and / or non-implementation of sanctions imposed (the violations),";
Article is supplemented by paragraphs (4) - (6) as follows:
"(4) Imposition of fines exchange offices and hotels is done taking into account the provisions of art. 75 and art. 752 of Law no. 548-XIII of 21 July 1995 on the National Bank of Moldova, which shall apply accordingly.
(5) if committed by foreign exchange entity of two or more violations that under this law, entail different penalties, the final sanction for a competition infringement is assessed by absorbing punishment milder penalty in May engrave. The fine is considered a lighter penalty than the activity suspension and withdrawal of license and suspension of activity - a lighter penalty than the redraw.
(6) The application of sanctions by the National Bank foreign exchange entities are carried out following the finding by the National Bank of Moldova violations in the field of controls and checks on the work of the office exchange units concerned. "
45. Article 64:
title of the article is in the end the words "foreign exchange office and hotel";
In paragraph (2) the words "out of the control" is replaced by "finding of infringement ';
(3) is repealed.
46. After Article 64 insert Article 641 as follows:
"Article 641. Application and undeniable perception
fines of the foreign exchange and

hotel application and collection of fines indisputable foreign exchange office and hotel shall be subject to the relevant provisions of art. 75 and 752 of Law no. 548-XIII of 21 July 1995 on the National Bank of Moldova. "
47. Article 65:
(1):
in point a), the words "indicated warning" is replaced by "and other requirements listed in the warning / decision (judgment) on fines";
Point b) repealed;
Letter c), the words "damaged" are excluded;
Letters d) and e) shall read as follows:
"d) failure by the exchange office at least one of the requirements laid down in art. 44 para. (1) - (3), (4), (5) and (6);
E) holding by the National Bank of information that at least one of the persons indicated in art. 47 para. (2) i), para. (4) h) and para. (6) letter e) information is entered in the Register of forensic and criminological Moldovan and / or information that at least one of the persons mentioned resident, is criminalized; "
in paragraph (2) the words" identifying the reasons this "is replaced by" finding of violation "and" 2 "is replaced with" 6 ";
(5) reads as follows:
"(5) During the suspension of activity of the exchange office / branch, the foreign exchange is not allowed to open new branches and install new appliances Exchange . "
article is filled with (6) and (7) as follows:
" (6) during the suspension of the foreign exchange business hotel, the hotel has the right to install new appliances exchange .
(7) If the foreign exchange applies the sanction as suspension, it loses its right to establish branches over the next 6 months from the date of termination of the period of sanction by the National Bank of Moldova. "
48. Article 66:
(1) shall be supplemented with letters e) j) as follows:
"e) failure by the licensee within the deadline, requirements laid down in the decision on suspending its activity ;
F) conducting foreign exchange by the branch of activity without the authorized copy of the license to be obtained under this Act;
G) the court decision (on instituting insolvency process or the dissolution of the foreign exchange);
H) cancellation of the exchange office or hotel from the state register of legal entities;

I) not starting by the license holder of licensed activity within 6 months from the issue date;
J) suspension of the license holder of licensed activity for more than 6 months. "
In paragraph (2), the words" establish bases "are replaced by" finding a violation or other grounds " ;
In paragraph (5), after the word "license" the words "under par. (1) a) -g) "and" 2 "are replaced by" 12 ";
Article is completed with paragraph (6) as follows:
"(6) Where the license of the foreign exchange under par. (1) b) d) and f) shareholders / associates / infrastructure managers lose over a period of 12 months from the date the decision on withdrawing the license rights:
a) to establish a new currency exchange; or
b) to acquire stakes in November in the capital of any exchange houses;
or c) to manage the activity of another new house exchange / subsidiary. "
Art. II. - (1) Notification of the National Bank on loans / credits received in foreign direct investment-related operations are carried out by residents under those contracts concluded after the entry into force of this law.
(2) Resident legal entities which submitted the request to the National Bank and the documents required to obtain a license for currency exchange activity in cash with individuals / authorized copy of the license but have not obtained licenses / authorized copies the license in question before the entry into force of this law is to comply with this law.
(3) resident legal persons who filed the request of the National Bank and documentation necessary to extend the license for exchange activity in cash with individuals before the entry into force of this law, but have not obtained licenses those before this date, will be released in the absence of grounds for refusal, those licenses with unlimited shelf life, according to par. (7) c) of this Article.
(4) Legal entities specified in para. (3) of this Article are obliged within 30 days from the date of issue extended indefinitely submit to the National Bank the documents indicated, as appropriate, to art. 47 para. (2) c) i) and i1), para. (4) h) and h1), para. (6) letter c) e) and e1) of Law no. 62-XVI of 21 March 2008 on currency regulation, according to the requirements stipulated in art. 47 para. (7) of that Act and the information indicated, as appropriate, to art. 47 para. (1) a) para. (3) a), b) and paragraph. (5) a) of that law, which the National Bank verifies them by accessing information resources.
(5) If the provisions of par. (4) of this Article, the National Bank may initiate withdrawal of the license and will be applied to the procedure laid down in Art. 66 para. (2) - (5) of Law no. 62-XVI of 21 March 2008 on currency regulation.
(6) Resident legal entities holding licenses issued under Law no. 62-XVI of 21 March 2008 on currency regulation until the entry into force of this law are entitled to operate under those licenses until their expiration date. The validity of those licenses, updating and issuing duplicate licenses concerned / authorized copies of this shall be undertaken with the preservation of validity indicated in the licenses mentioned.
(7) Resident legal entities holding licenses issued under Law no. 62-XVI of 21 March 2008 on currency regulation until the entry into force of this law have the right to submit to the National Bank of Moldova, at the latest within 15 working days before the expiry of the license, a request for release license with unlimited shelf life and, where appropriate, authorized copy of the license in question. Application and necessary documents and their examination by the National Bank of Moldova is carried out according to Art. 47-49 of Law no. 62-XVI of 21 March 2008 on currency regulation, taking into consideration the following features:

A) enclosing original license / authorized copy of the license and the documents referred to in art. 47 of the Law, except indicated in paragraph document. (2) i2) and documents that have already been submitted to the National Bank of Moldova and does not require updating (not contain data other than those already mentioned);
B) during examination of the application, the licensee may continue its exchange activity based on the certificate issued by the National Bank of Moldova, whose term can not exceed the license submitted to the National Bank of Moldova;
C) license with unlimited shelf life is perfected on a new form. The license in question and, where appropriate, authorized copy of this issue to present the document confirming payment of license fee / authorized copy of the license indicated in art. 54 of the Act.
(8) National Bank of Moldova has the right to establish peculiarities related to the application of this Article.
Art. III. - (1) This Law shall enter into force on the expiry of six months from its publication, except for Article I, sections 1, 2, 4-14, 15 (except for amendments that aim to art. 26 para. (1) p) and para. (11)), 16-22, 39-42, which will come into force on publication of the law.
(2) Within 6 months from the date of publication of this law:
a) National Bank of Moldova will bring its legislation in line with this Law;
B) Government:
- will submit proposals to bring legislation in line with this law;
- Will put its normative acts in compliance with this law;
- Develop and approve normative acts that will determine, in the context of tax law requirements for devices or systems to record cash transactions to be equipped with devices Exchange and the requirements for revocation by the individual currency exchange operation in cash after its completion.
Art. IV. - Law no. 62-XVI of 23 March 2008 on currency regulation, with subsequent amendments, including those made by this law, will be republished in the Official Gazette of the Republic of Moldova.