PLC Global Finance update for June 2009: Russian Federation | Practical Law

PLC Global Finance update for June 2009: Russian Federation | Practical Law

The Russian Federation update for June for the PLC Global Finance multi-jurisdictional monthly e-mail

PLC Global Finance update for June 2009: Russian Federation

Practical Law UK Articles 6-386-5831 (Approx. 5 pages)

PLC Global Finance update for June 2009: Russian Federation

by White & Case LLP
Published on 06 Jul 2009
The Russian Federation update for June for the PLC Global Finance multi-jurisdictional monthly e-mail
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Financial institutions

The procedure for VEB granting subordinated loans to Russian banks was amended

On 10 June 2009, Vnesheconombank (VEB) published information on its Supervisory Board's decision on amending the procedure for granting subordinated loans. This information is available on the VEB's website.
Under Federal Law No. 173-FZ "On Additional Measures for the Support of the Financial System of the Russian Federation," dated 13 October 2008, VEB is entitled to grant subordinated loans to Russian credit organisations which meet the criteria set by the Law and VEB's Supervisory Board.
According to the amended procedure for granting subordinated loans, borrowers are required to ensure on-lending of received funds to specifically listed sectors of the economy (notably, the list includes granting mortgage and car loans to individuals), for no less than one year at the rate not exceeding the Central Bank refinancing rate plus 3%.

The Central Bank refinancing rate was decreased to 11.5%

On 4 June 2009 the Central Bank issued Directive No. 2247-U decreasing the refinancing rate. The Directive entered into force on 4 June 2009.
The Central Bank decreased the refinancing rate from 12% to 11.5% per annum. The new rate applies as of 5 June 2009.
The Central Bank sets the refinancing rate for its financing of commercial banks. The rate is also used for calculating interest on commercial loans (if the rate is not specified in an agreement), tax payments, and in other cases as provided by law.
This is the third decrease of the refinancing rate during this year (it decreased from 13%, effective in April 2009, by 0.5% each time).

Legal framework established to regulate payment agents

New legal framework for the acceptance of payments from individuals by payment agents

On 3 June 2009, the President signed Federal Law No. 103-FZ "On the Acceptance of Payments from Individuals by Payment Agents." The Law will enter into force on 1 January 2010.
The Law establishes a legal framework for the activities of payment agents accepting payments from individuals.
Under the Law, any legal entities or individual entrepreneurs can act as payment agents (the Law does not establish any specific requirements for them, such as licensing, other than registration for anti-money laundering purposes (see below)). Payment agents accept cash funds from individuals as payment for goods, works or services (including community charges) to be further transferred to the supplier of such goods, works or services. The agents may charge service fees to payers. Monetary obligations of a payer against a supplier are deemed discharged on the transfer of funds to a payment agent.
Payment agents must have an agreement with a supplier to accept payments for it. They may also engage sub-agents if this opportunity is provided under the agreement. Payment agents must use cash registers to accept funds and issue receipts to payers. They may also accept payments through payment terminals. In this case, cash registers must be built into the payment terminals.
Payment agents are required to register with an authorised body for anti-money laundering purposes and have their internal control rules approved before accepting payments. They are also required to identify payers in cases provided by the anti-money laundering rules. Notably, if identification of a payer is required, payment agents can not accept payments through payment terminals or sub-agents.
Compliance with the Law will be monitored by federal executive bodies to be specified by the Government. In addition, compliance with the Law by sub-agents will be monitored by the payment agents who engaged them.

Amendments to the Law on Banks and Banking Activities

On 3 June 2009, the President signed Federal Law No. 121-FZ amending certain legislative acts, including the Law on Banks and Banking Activities and the Anti-Money Laundering Law, following the adoption of the Law on Payment Agents. This Law enters into force on 1 January 2010, except for the amendments to the Anti-Money Laundering Law, which enter into force 180 days after the date of its official publication.
The amendments introduce specific regulations for banking payment agents. According to the amendments, credit organisations may engage non-credit organisations or individual entrepreneurs (banking payment agents) for any of the following:
  • Accepting cash funds from individuals as payment for goods, works or services.
  • Crediting cash funds to individuals' bank accounts.
  • Conducting operations with the use of payment cards.
Banking payment agents must have an agreement with a credit organisation to accept payments. They may not engage sub-agents. They may accept payments through payment terminals (for cash payments) or automated teller machines (ATMs) (for cash and cashless payments). In this case cash registers must be built into the payment terminals and ATMs.
Banking payment agents are required to identify payers in cases provided by the anti-money laundering rules.
Compliance of banking payment agents with the rules for accepting payments and anti-money laundering rules will be monitored by the credit organisations which engaged them.

Amendments to the Anti-Money Laundering Law

According to the amendments, identification of individuals is not required when accepting payments from them that do not exceed RUB15,000 or its equivalent in foreign currency (about US$480), unless there are grounds to suspect that the operation is made for money laundering purposes.
The amendments also develop the Anti-Money Laundering Law rules which require that certain information on a payer (either an individual or a legal entity) be indicated in payment documents and further accurately transferred on all the stages of a payment operation.
In particular, a credit organisation conducting cashless payments on instruction of a payer must ensure that payment documents contain certain details on the payer. It must refuse to conduct a payment operation if the required details are absent. A credit organisation servicing a payee must possess internal procedures allowing it to detect payment documents that do not contain the required details; it must inform an authorised anti-money laundering body (currently, the Federal Service for Financial Monitoring) of the payment operation if it suspects that the operation is made for money laundering purposes. Similar rules are set for credit organisations making transfers without opening a bank account and post offices conducting postal transfers.
The above rules do not apply, among others, to:
  • Cashless payments and transfers, without opening a bank account, not exceeding RUB15,000 or its equivalent in foreign currency (about US$480).
  • Cashless payments made with the use of payment cards (irrespective of their amount).
The Anti-Money Laundering Law rules seeking to ensure closer control of foreign public officials' operations were amended, in particular, to allow a chief of a credit organisation's branch (in addition to a chief of a credit organisation) to decide on the provision of services to a foreign public official.

Amendments to other laws

Amendments to the Law on Cash Registers define payment terminals and ATMs and specify requirements for cash registers to be built into them. They also suggest that terminals and ATMs owned by a credit organisation do not need to have cash registers built into them.
Amendments to the Administrative Offences Code provide for the administrative liability for non-use of cash registers as required by law or their improper use, which will apply, among others, to payment agents and banking payment agents.

Banks' profitability will not affect evaluation of their economic position until the end of 2010

On 29 April 2009 the Central Bank issued Directive No. 2226-U "On Peculiarities of Evaluation of Banks' Economic Position." The Directive entered into force on 31 May 2009 and will be in effect until 31 December 2010.
The Directive is issued in addition to Central Bank Directive No. 2005-U "On the Evaluation of Banks' Economic Position," dated 30 April 2008. This provides that the Central Bank's territorial departments regularly evaluate banks' economic position. As a result of that evaluation, a bank will be assigned one of five classification categories. A bank's categorisation affects, among other things, its ability to obtain loans from the Central Bank.
Under the Directive, a banks' profitability will not be taken into account for classifying it.

Government policy

Government publishes programme of anti-crisis measures for 2009

On 19 June 2009, the Russian Prime Minister signed the Programme of anti-crisis measures for 2009. The Programme is available on the Government's website.
The draft Programme was initially published in March 2009 and was further developed to take into account suggestions from various state authorities. The Programme specifies the priorities of the anti-crisis policies and lists certain measures to be adopted in 2009. In particular, it provides for the following measures to improve the stability of the financial system:
  • Providing additional financial support to Russian banks (including granting subordinated loans).
  • Encouraging consolidation in the banking sector by the creation of large banks, which will be internationally competitive and able to provide long-term project financing.
  • Amending bankruptcy legislation to make financial rehabilitation procedures more effective, extend opportunities to restructure holding companies' debts and regulate cross-border insolvency issues.
  • Amending insurance legislation to improve the financial stability of insurance companies.
  • Amending corporate legislation to allow debt-to-equity swaps.

The Government will report to the State Duma on the anti-crisis measures adopted

On 3 June 2009 the President signed Federal Law No. 102-FZ on Government and Central Bank reporting on anti-crisis measures adopted. The Law entered into force on 9 June 2009 and will be in effect until the last report for 2009 is considered by the State Duma.
Under the Law, the Government must submit to the State Duma and the Federation Council quarterly reports on the implementation of measures undertaken in support of the financial market, banking system, labour market, economic sectors and social security. This report must contain information on the volumes and addressees of the state support offered and cover the anti-crisis activities of the Government, Vnesheconombank (VEB), the Deposit Insurance Agency and the Agency for Housing Mortgage Lending.
In addition, the Central Bank must submit to the State Duma quarterly information on its anti-crisis activities.
The first report and information (for the last quarter of 2008 and the first half of 2009) must be submitted before end of July 2009.