AUB against imposing on banks to identify unusual functions of public encumbrances of client assets

The Association of Ukrainian Banks appealed to the National Bank of Ukraine to the proposal to initiate amendments to the Law of Ukraine "On Payment Systems and Funds Transfer in Ukraine" (hereinafter - the Law on payment systems), which contains requirements regarding the implementation of the banks non-core functions. In particular, bankers' concern to the legislator attempts to shift the function of organs of state power and responsibility for their implementation at the banks, which are independent economic entities. Under the provisions of paragraph 6.4 of Article 6 of the Act on payment systems at the opening of client accounts with respect to movable property which there is a public burden imposed public performer, a bank must stop the debit transactions with this account in the amount of charge and tell the public the performer to open an account. As noted in the AUB, the implementation of actions aimed at revealing publicly encumbrances of client assets and measures aimed at restricting the spending of customers' transactions, is not banking. According to the President of AUB Alexander Sugonyako corresponding functions that are committed to comply with statutory decisions should not rest with the banks, and the bodies of State executive service, that are specifically designed to perform this function. In addition, AUB note that the commission of the banks actions concerning the verification of the availability of public charges of movable property of clients who open any accounts of such banks, leads to a significant slowdown in customer service, which in most cases causes dissatisfaction of the latter. In this regard, AUB appealed to the National Bank with a proposal to initiate an exception from the Act on payment systems, paragraph 6.4 - 6.7 of Article 6. If you can not eliminate these provisions from the Act on payment systems, AUB suggested that a clarification of 04.03.2011, the NBU to initiate the introduction of article 6 of this law change, which found that banks should stop debit transactions in the amount of encumbrances and inform the public about the facts of implementing the opening of new accounts only in cases where in the same bank customers already have the means and / or other values ??that are in his accounts and / or deposits or in storage, and for which arrest of the relevant government executives. However, AUB proposed NBU initiate addition of Article 6 of the payment systems list of instances where banks do not have to carry out these steps (for example, when opening a current account transactions for which will be performed by special means of payment (ie is, the card accounts), social (pension) accounts, the opening of which is free, accounts with a special mode of use, recoveries of which is prohibited by applicable legislation of Ukraine, etc.). Furthermore, AUB's proposed provision in the Act on payment systems, the possibility exchange of information between banks and government in implementing an electronic form, like the current system of information sharing between banks and state tax authorities when opening accounts.