RULES of UNISTREAM International Money Transfer System
TABLE OF CONTENTS:
- 1. Status of these Rules
- 2. Information
on the System operator - 3. Terms and definitions
- 4. Principles of participation in UNISTREAM System
- 5. Principles
of the organization and operations in UNISTREAM System - 6. Work of UNISTREAM Participants with Customers
- 6.1. General terms and conditions
- 6.2. Commission fee
- 6.3. Sending Transfers
- 6.4. Disbursement of Transfers
- 6.5. Changes in Terms and Conditions of Transfers
- 6.6. Canceling Transfers
- 7. Procedure of mutual settlements between UNISTREAM Participants
- 7.1. General principles of mutual settlements between Participants
- 7.2. Procedure of defining Participants' obligations
- 8. Risk management in UNISTREAM System
- 9. Liability of UNISTREAM Participants
- 10. Resolution of disputes
- 11. Activities purposed for anti-money laundering and combating the financing of terrorism
- 12. Confidentiality provisions
- 13. Assignment
- 14. Changes in these Rules and notices
1. Status of the Rules
1.2. The present Rules set forth the following:- a) principles
of the organization and operationsof the System ; - b) terms of participation
in the System ; - c) procedure of providing services to System's Customers;
- d) terms for arising of obligations and procedure of performing obligations by Participants towards each other and Customers;
- e) settlements procedure for System's Participants;
- f) other terms and conditions required to maintain appropriate level of System's operations.
1.5. Upon signing a Participation Agreement
2. Information on the System Operator
2.1. UNISTREAM BANK
2.2. Corporate name:
Full name: UNISTREAM COMMERCIAL BANK (JSC)
Short name: UNISTREAM BANK
2.3. Contacts details:
Legal address: Verkhnyaya Maslovka st. 20, build. 2, Moscow, 127083 Russia
Postal address: Verkhnyaya Maslovka st. 20, build. 2, Moscow, 127083 Russia
Tel.:
E-mail: relations@unistream.com
2.4. Address
- 2.5. Intellectual property rights:
- 2.5.1. Holder of rights to UNISTREAM trademark:
- a) Annex
to the Certificate of Trademark (Service Mark) No. 240795 issuedon 20 March 2003 by the Russian Patent and Trademark Agency. - 2.5.2. Holder of rights
to the software platform of UNISTREAM International Money Transfer System: - a) Certificate of Official Registration of Computer Software No. 2006611625, issued
on 15 May 2006 by the Federal Service for Intellectual Property, Patents and Trademarks. - b) Agreement of full transfer of exclusive rights to computer software dated 07 September 2006 registered
on 06 October 2006 under No. RD0012827by the Federal Service for Intellectual Property, Patents and Trademarks.
3. Terms and definitions
3.1. Terms used
- 3.1.1. UNISTREAM International Money Transfer System (hereinafter referred
to as UNISTREAM System" or "System") — a system of money transfers at order of individuals without opening banking account operating under UNISTREAM trademark and UNISTREAM brand including: a) an information system basedon the software platform of UNISTREAM money transfer system (hereinafter referredto as UNISTREAM Software);- b) credit and other institutions participating in execution of money transfers at order of individuals without opening any banking account using UNISTREAM software, UNISTREAM trademark
and the brand name of UNISTREAM System in coordination and under standard requirements. - The international nature
of the System is defined by credit and other institutions participatingin the same , its Customers and currencies used.
3.1.2. Participant — UNISTREAM BANK, as well
3.1.3. Transfer — a transfer of monetary funds effected within the System
3.1.4. Sending Participant — a Participant receiving an order and monetary funds from the Sender to effect a Transfer.
3.1.5. Executing Participant — a Participant paying out a Transfer amount
- 3.1.6. System Operator — UNISTREAM BANK when performing the following functions:
- a) organization and security
of the operations in the System ; - b) monitoring of performance of obligations by System Participants;
- c) monitoring over exchange of information between Participants.
- d) monitoring over organization of activities and operations
of the System in accordancewith the requirements of lawsof the Russian Federation. - The Operator shall be entitled to effect functions
of a Sending Participant and/or Executing Participant simultaneously.
3.1.7. Participation Agreement — an agreement entered into
3.1.8. Customer — an individual (resident or non-resident) sending and/or receiving a Transfer acting
3.1.9. Sender — a Customer paying monetary funds
3.1.10. Beneficiary — a Customer specified
3.1.11. Customer's Representative (also Representative) — a person authorized to receive a Transfer on behalf
3.1.12. UNISTREAM Software — the System software platform providing Participants
3.1.13. System Participants Directory (hereinafter "Directory") — the database of UNISTREAM Software available to all System Participants maintained and updated
3.1.14. Point of Customer Service (hereinafter "POS") — a branch
3.1.15. Outgoing Transfer — a Transfer sent by relevant Sending Participant to relevant Executing Participant.
3.1.16. Incoming Transfer — a Transfer received
3.1.17. Internal Transfer — a Transfer effected only
3.1.18. Transit Transfer — a Transfer effected
3.1.19. Direct Transfer — a Transfer effected
3.1.20. Terms and Conditions of Money Transfers in UNISTREAM International Money Transfer System (hereinafter "Terms of Transfers") — rules developed
3.1.21. Transfer Request — a form of Sender's request to effect a Transfer defined
3.1.22. Transfer Disbursement Request — a form of Beneficiary's request for Transfer payout defined
3.1.23. Transfer Currency — the currency
3.1.24. Transfer Amount — an amount
3.1.25. Transfer Fee — a remuneration to Participants for effecting Transfers
3.1.26. Money Transfer Control Number — a unique number
3.1.27. Synchronization of UNISTREAM Software — updating of information in UNISTREAM Software initiated
3.1.28. Transfer Status — information on stage of Transfer execution created in UNISTREAM Software
3.1.29. Transfer Cancellation — a cancellation of Transfer which has not been paid out
3.1.30. Participant's Account — a correspondent account
3.1.31. Electronic Instruction — an electronic document generated in UNISTREAM Software
3.1.32. Electronic Notice — an electronic document generated in UNISTREAM Software
3.1.33. Address Transfer — a Money Transfer indicating a particular Executing Participant (its Point of Customer Service). Any Address Transfer may be direct, internal or transit.
3.1.34. No-Address (or Addressless) Transfer — a Money Transfer indicating only a region for Transfer payout. Any No-Address Transfer may be direct, internal or transit.
3.1.35. Loyalty card — a plastic card
3.1.36. Parties — legal entities being parties
4. Principles of participation in UNISTREAM System
4.2. A System Participant shall complyto the following criteria:- 1) financial:
- a) financial stability being defined in accordance with Operator's methodology;
b) no overdue debt in respect of paymentsto the state budget in accordance with relevant applicable law;c) no legal actions or court adjudications where the amount of obligationsof a Participant equalsto or exceeds 5% from its net assets;
- 2) technical:
- a) Participant's equipment shall meet the Operator’s technical requirements for work
with the System ; - b) availability of antivirus protection means installed on Participant's working stations and servers;
- c) availability of rules of application of cryptographic protection facilities;
d) a Participant shall use firewalls when connectingto any public domain network;
- a) Participant's equipment shall meet the Operator’s technical requirements for work
- 3) organizational:
- a) availability
of a special division or employee for cooperationwith the Operator ; - b) conformity of Participant's staff qualification to System's requirements;
- c) providing from time to time reports
to the Operator relatedto the work in the System ;
- a) availability
- 4) legal
- a) confirmation of Participant’s legal status according
to the applicable lawof the country of its incorporation; - b) implementation of requirements on anti-money laundering and combating the financing of terrorism set forth by FATF;
c) no external impact on such Participant's management bodies (any external manager, undeclared affecting personsor any other impact of similar nature) or providing the informationon the ultimate owners of such Participant;- d) confirmation of appropriate protection of personal data.
- a) confirmation of Participant’s legal status according
Where relevant Participation Agreement is terminated, such non-exclusive right to use the UNISTREAM Software shall terminate
automatically
4.7. All property or non-property rights, including the property right to UNISTREAM Software and all copies
- 4.8. Participants shall be allowed to involve third parties for using them as their POS's to provide Transfer services under System's trademark
on the certain territory provided their compliancewith the following terms and conditions: - a) applicable law
of the Operator and the above territory does not prohibit providing Transfer services via any third parties; - b) adherence by relevant third party to these Rules and full compliance with their requirements;
- c) provision by such Participant
to the Operator of a copy of the agreement with a third party proving acceptance of these Rulesby the latter and the obligation of the same to complywith the Rules ; - d) entering
by the Participant and the Operator into an agreement on the involvement of third parties by such Participant, such agreement shall include the following obligations of such Participant:
- to effect settlementswith the Participant independently, where such settlements relate to effecting Transfers by such third parties;
- to be responsible for any activities of such third party while effecting Transfers,as if the same were such Participant's own activities.
- 4.10. While effecting Transfers all Participants shall comply
with the relevant requirements of regulatory actsof the countries of Participant’s incorporation being in force and effect, in particular: - - any limitations
on and maximum amounts of Transfers, - - Customers’ identification and protection of Customers' personal data, accounting,
- - notifications on suspicious transactions,
- - requirements pertaining to foreign currency control,
- - requirements purposed for detection and combating any money laundering
or the financing of terrorism.
4.11. The Operator shall have the right to suspend activitiesof any Participant in the System by entering a relevant informationto the Directory for the following reasons:1) at the initiative of such Participant —on the day of receipt of relevant written application from such Participant specifying the reasons for such suspension;2) at Operator's initiative —on the day when the following circumstances occur:a) a risk of inappropriate operationof the System arises;- b) violation of these Rules
by the Participant ; - c) information
and the documents requiredby the Operator and submitted by Participantto the Operator are unreliable; d) the Participant refuses to provide the Operatorwith the information and the documents requiredby the Operator ;e) the Participant sells allor a considerable part of its assets;f) the Participant fails to provide an additional security at Operator's request or revealing that any security (without regard to its form) providedby the Participant to cover its obligations on settlements relating to its participationin the System is or becomes invalid, unsatisfactory or affectedby any adverse factors;- g) Participant's activities have changed adversely, including the settlement discipline within relevant Agreement, financial position, business processes, Participant’s goods or services, including those the information on which has been received
from the mass media; - j) Participant's attempts to assign, delegate
or in any other way transfer the rights and obligationsof the same relating to its participationin the System , whether in fullor in part ,to any third party, in particular due to reorganization, without any prior written agreementof the Operator . - The Operator shall notify such Participant
on the suspension of its participation in the System by a written notice not later thanon the next working day after the suspension specifying reasons for such suspension.
4.12. Any suspension of participationin the System shall have the following implications:a) the Operator shall stop accepting Outgoing Transfers from such Participant and Incoming Transfersin the UNISTREAM Software;- b) all Transfers purposed for payout by such Participant accepted
by the System priorto the date when its participationin the System was suspended shall be paid outby the Participant . c) the Participant shall provide the Operatorwith a full financial report on its activities for all Transfer transactions;d) the Participant shall transferto the Operator all amounts due with respect to effecting Transfers;e) the Operator shall transferto the Participant all amounts dueby the Operator to the Participant with respect to Transfers, however, the Operator shall have the right to withhold the funds purposedto be transferred to such Participantfor the purpose of fulfillment of Participant’s obligations towards the Operator.
- 4.13. Participant's activities
in the System may be terminated subject to entering into the Directoryof the information on the termination of participationfor the following reasons: 1) at Participant's initiative — based on such Participant's notice on unilateral terminationof the Participation Agreement if such possibility for termination is set forth in such Participation Agreement upon receiptof a written application but not later than at 12:00of the next working day after receiptof the notice ;2) at Operator's initiative —on the day when the reasons below occur:a) the license for effecting money transfers without opening a banking account has been withdrawn from Participant;- b) bankruptcy proceedings have been initiated against the Participant in accordance
with a bankruptcy , insolvency, reorganization, liquidation or debt settlement law applicablein the country of Participant’s incorporation; - c) reasons
for the suspension of participationin the System set forth in Clause 4.11 of these Rules continue to exist; d) the Operator discontinues to effect Transferson the territory of all countries in which a Participant carries out its activities;e) no transactions have been originatedin the System by Participant for three months.- The Operator shall notify a Participant
on the termination of its participationin the System by in writing not later thanon the next working day after a relevant termination specifying reasons for such termination.
- 4.14. Termination of participation
in the System shall have the following implications: a) the Operator shall,on the day of receipt of Participant’s termination noticeor on the day when the decision to terminate participationin the System is taken, terminate acceptance of both Outgoing Transfers from such Participant and Incoming Transfers purposed for payout by such Participantin the UNISTREAM Software;- b) all Transfers accepted
by the System priorto the termination date shall be paid out; - c) all Transfers accepted
by the System after the termination date shall be returnedby the Sending Participant to Senders; d) the Participant shall payto the Operator all amounts due related to effected Transfers;e) the Operator shall payto the Participant all amounts dueby the Operator and related to effected Transfers, however, the Operator shall have the right to withhold amounts due to set-off against Participant’s obligations towards the Operator.f) the Participant shall, not later thanon the next working day after receipt of Operator's notice on termination of participationin the System stop using the UNISTREAM Software, any signs, signboards or any other materials including UNISTREAM's name and logotype and designating such Participantas a System Participant, in particularin any advertising , on such Participant’s websiteor the mass media;- g) these Rules or any other obligations of such Participant relating to Transfer services shall remain in force and effect and their application shall continue until all uncompleted Transfer services have been rendered by such Participant and/or until settlements relating
to the same between Participant and Customers and between the Participantand the Operator have been completed and until all other obligations of such Participant relating to its participationin the System have been settled.
5. Principles of the organization and operations of UNISTREAM System
5.2. Each Participant, including the Operator, shall be entitled to act
5.3. Transfers within the System shall be effected in accordance with procedures set forth
- In particular cases which may be provided
in the Participation Agreements with particular Participants Transfers may be effected: a) by crediting Transfer Amount to Beneficiary's account by Executing Participant,- b) through an Internet website
of the Operator or any third party with which the Operatorhas an agreement , c) via banking prepaid cards;d) in any other manner at Operator's sole discretion in accordancewith the applicable law.
The information on some types of Money Transfers and applicable terms and conditions shall be approved
5.5. Participants shall effect Transfers through their POS which shall correspond
The POS of Participants and operating hours shall be specified
Participants shall notify the Operator
- 5.6. Transfers shall be effected subject to following limitations set forth
in the Terms and Conditions of Transfers: a) purpose — the Sender shall not be entitled to send Transfersfor the purpose of carrying out entrepreneurial activities or investment activities;- b) Transfer Currency — restrictions may be defined
by the applicable lawof the country of incorporationof the Sending Participant and/or Executing Participantor in the Participation Agreement entered intoby a Participant ,or at the instruction of the Bank's executive officer; - c) Transfer Amount — restrictions may be defined
by the applicable lawof the country of incorporationof the Sending Participant and/or Executing Participantor in the Participation Agreement entered intoby a Participant or at the instruction of the Bank's executive officer. - Participant shall notify the Operator
on any restrictions to acceptance and/or payoutof any Transfer set forthby the applicable lawof the country of incorporation of such Participant at least five working days priorto the commencement of application of such restrictions,and the Operator shall enter such restrictions into the UNISTREAM Software.
- 5.7. Participants shall:
- a) notify Customers
on the Terms and Conditions of Transfers, inform on Transfer Fee, as well as provide any other information relating to such Participant's activitiesin the System and relevant changes; - b) independently prepare for their employees internal regulations pertaining
to the work with the UNISTREAM Software, Transfers, Customers complyingwith the applicable law of such Participant's country of incorporation; - c) notify the Operator
on any circumstances temporary preventing from acceptance and/or payout of Transfers at Participant’s POSwithin 15 minutes after their occurrence specifying an expected time of renewal of rendering the services relating to Transfers; - d) take all due measures to prevent any unauthorized access to and transfer within the System
of any information relating to Transfers on behalf of relevant Participant; e) to synchronize the data System in accordancewith the Operator's instructions.- f) store the documents provided to Customers when effecting Transfers, maintain the archives of Electronic Notices and instructions during at least five years, provide the Operator with full, accurate and legible certified (including notarized) copies
of the documents relating to Transfers within one month following the receipt of relevant request.
5.10. All Electronic Notices and instructions in respect of Transfers created by Participants within the UNISTREAM Software shall become effective upon their confirmation
- 5.11. During each phase a Transfer will be assigned the following types of statuses
in the UNISTREAM Software: 1) "created" — to be assigned by relevant Sending Participant upon receipt of relevant Transfer Requestfrom the Sender ;2) "paid" — to be assigned by relevant Sending Participant after receiptfrom the Sender the Transfer Amountand the Transfer Fee, following which the Sending Participant becomes liableto the Sender for sending a Transfer;3) "approved" — to be assigned by Sending Participant upon creationof the Electronic Instruction for Transfer disbursementwithin the System , afterwhich the Sending Participant becomes liableto the Operator in respectof the settlements relating to sendingof the Outgoing Transfer;4) "accepted" — to be assigned by the Operator after the Operator confirms the Electronic Instructionfrom the Sending Participant to disburse relevant Transfer, following which the System becomes liableto the Sender for effecting Transfer;5) "for disbursement" — to be assigned by the Executing Participant upon presentation by Beneficiaryof an Application for Disbursementand the intention of Executing Participantto pay out the Transferto the Beneficiary , following which the Executing Participant shall be liable to other Participants and Customers for disbursement of such Transfer;6) "paid out" — to be assigned by the Executing Participantafter the Transfer has been repaidto the Beneficiary and relevant Electronic Notice on such Transfer repayment has been createdin the System , following which the Operator becomes liableto the Executing Participant for payment settlements related to Transfer;7) "delivered" — to be assigned by the Operator after the Operator confirms the Electronic Noticefrom the Executing Participant to repay relevant Transfer, following which System's obligations against Customers in respect of relevant Transfer shall be considered as fulfilled;8) "canceled" — to be assigned by the Operator to any Transfer not repaid to relevant Beneficiary if:- a) Sender has provided a written request to cancel a Transfer within 30 days after it has been sent;
b) at Operator’s initiative — upon expiry of 31 calendar days after sending the Transfer to which no "delivered" status has been assigned in UNISTREAM Software within that period of time;c) in case if Executing Participant stops participatingin the System or in other similar circumstances making disbursement of Transferto the Beneficiary impossiblefor any reason beyond Customers' control.
After the Transfer has been assigned the "canceled" status, relevant Sending Participant shall be liableto the Sender for returning him a Transfer Amount.
9) "canceled.returned" — to be assigned by the Sending Participant and means that the Sender has received the amount of canceled Money Transfer.
- 5.12. Participants shall use UNISTREAM trademark, UNISTREAM Software
and the brand name of UNISTREAM System in accordance with these Rules and Participation Agreements and shall not have the right to: - a) make any claims in respect of them, whether during its participation
in the System or upon termination; - b) commit any activities breaching Operator's rights to Operator's trademarks;
- c) use the UNISTREAM Software
for any purpose differentfrom the purpose of participationin the System without Operator's approval; - d) assign rights for using the UNISTREAM Software
to any third party without Operator's approval; - e) breach Operator's rights
as a holder of rightsto the UNISTREAM Softwareand the UNISTREAM trademarkin any other way.
5.13. The Operator shall be entitled to enter with Participants and other counterparties into separate agreements on effecting Transfers for Customers' payments for third-party services or refunding, where relevant funds had been transferred by Customers for relevant third-party services (“Banking products transfers”). In such events:a) the Operator shall enter into the Directory informationon the Participant effecting Banking product transfers and/or information on Transfer Fee for such banking products;b) a Participant shall accept and send Banking products transfersto the benefit of the legal entities whichare a party of an agreement with the Operator on acceptance of Banking products transfers.
5.14. Communication between the settlement center of UNISTREAM System and Participants is based on mandatory protection of transmitted information with cryptographic protection facilities. All Transfers shall have an electronic digital signature of Sending Participant.
6. Work of UNISTREAM Participants with Customers
6.1. General terms and conditions
- 6.1.1. Customers shall be serviced by Participants in accordance
with the Terms and Conditions of Transfers. Some conditions of accepting Transfers from Sendersand/or their disbursement to Beneficiaries may differwithin the limits definedin the Terms and Conditions of Transfers dependingon the specifics of the applicable lawof the country of incorporation of Participant provided that such modifications do not contradict to these Rules. The Terms and Conditions of Transfers shall have an effectof an agreement of accession for Customers and Participants and shall be considered accepted: a) by the Customer — upon Customer’s order givento a Participant to send relevant Transferor a request to disburse such Transfer;- b) Participant — upon entering into Participation Agreement.
6.1.2. In the process of providing services to Customers Participants shall fulfill the following requirements:a) to inform Customers on theand to provide that the Terms and Conditions of Transfers to Customers, in particular by placementof an electronic versionof the text of the Terms and Conditions of Transferson their websites and their paper versionon the information stands at their POS's;b) to notify Customerson any limitations applicable to Transfers;c) to accept and disburse Transfers during all Operating Hours;d) to observe terms for effecting operations set forthin these Rules ;e) to inform Customerson a list of the documents required for them to send Money Transfers and provide any documents for sending, disbursement, modification of terms of cancellation of Transfer;f) to secure availability of Customer's written consent for using, processing and modifying such Customer's personal data (forms of Customer's applications are available in UNISTREAM Software).g) to provide a proper functioning of Participant’s POS's.
6.2. Commission fee
6.2.1. For effecting transfers Customers shall pay to Participants Transfer Fees which may be charged:a) as a percentage from a Transfer Amount;b) as a fixed amount dependingon a Transfer Amount;c) as a combination of a fixed amountand a percentage from a Transfer Amount.
6.2.2.2. Participants acting as Sending Participants
6.2.2.3. Transfer Fee due to Participants for effecting Internal Transfers shall be defined according to relevant Participation Agreements and distributed by Participants between their POS's independently.
6.2.6. Participant shall charge fees from Customers only in accordance with Transfer Fee amounts set forth
6.3. Sending Transfers
6.3.2. The Sender shall be entitled to give an orderto pay out a Transferto the Beneficiary at anyof the POS's of the System located:1) at certain address (address transfer);2) in a certain region (no-address transfer).
6.3.3. To send a Transfer a Sending Participant shall:1) if required by applicable law identify the Sender by requesting the Sender to provide identity documents and other documents requiredby the law on anti-money launderingand the financing of terrorismof the country on the territory of which a Transfer is accepted.- 2) inform the Sender on:
- a) possible currency
for the acceptance and disbursementof the Transfer and the exchange rate (if exchange operations effected); - b) amount and currency
of the Transfer Feeto be paid the information on which is availablein the Directory ; - c) availability and addresses
of the POS of the Executing Participantfor the Transfer destination selectedby the Sender ; - d) limitations
on a Transfer ;
- a) possible currency
- 3) Receive
from the Sender a Transfer Requestin the following sequence:a) to fill in an electronic form of Transfer Request as instructedby the Sender ;b) to print 2 counterpartsof the Transfer Request and submit themto the Sender for him to confirm information and sign;c) to receive from the Sender such Transfer Request signedin 2 counterparts ;d) to return one counterpart to Senderand to keep the second counterpart.
- 4) Receive the Transfer Amount
and the Transfer Feefrom the Sender .
6.3.4. Payment of Transfer Amount and Transfer Fee shall be effected
- 6.3.5. Upon receipt
from the Sender of documents referred to above, payment of Transfer Amount and Transfer Fee the Sending Participant shall: - a) Provide the Sender with mandatory information required for receipt of Transfer
by the Beneficiary : a Money Transfer Control Number, POS address of Executing Participantor the region of the receipt and a list of Participants in such region. - b) Promptly create
in the System the Electronic Instruction and assign the "approved" statusto the Transfer .
Any Transfer which has not been assigned
- the Sender fails to present his identity document
or any other document in accordancewith the applicable lawof the country on the territory of which such Transfer is accepted, exceptfor the case if the applicable lawof the country on the territory of which relevant transfer is accepted allows effecting payments without an identificationof the Sender ; - any evidences in respect
of the Sender of his/her participation in any terrorist activities, which have been received in accordancewith the law on anti-money launderingof the country on the territory of which a Transfer is accepted.
6.4. Disbursement of Transfers
The Beneficiary shall be entitled to address
6.4.3. A Transfer shallbe paid out to the Beneficiary by Executing Participant defined in accordance with Sender's Transfer Request:1) at the POS located at certain address;2) in any certain region if POSis not specified in the Transfer Request.
The Executing Participant shall identify the Beneficiary if required by applicable law and shall be entitled to include
- 6.4.5. Prior to Transfer disbursement
to the Beneficiary the Executing Participant shall: - 1) Check the Transfer Status in UNISTREAM Software;
- 2) Identify the Beneficiary in accordance
with the applicable lawof the country where a Transferto be paid out ; - 3) Execute a Transfer Disbursement Request
in the following sequence:a) to fill in a Requestin the electronic form in accordancewith the Terms and Conditions of Transfers basedon the information provided and Beneficiary's documents;- b) print the Request and submit
to the Beneficiary two counterparts of such Request to check and sign; - d) return one counterpart
to the Beneficiary and keep the second counterpart.
6.4.6. A Transfer maybe paid out to the Beneficiary if it has been assigned with "accepted" status in UNISTREAM Software and provided fulfillmentby the Beneficiary of the following requirements in accordancewith the applicable lawof the country where such Transferto be paid out :- 1) providing the document(s) that would allow to identify the Beneficiary;
- 2) providing any other documents required in accordance
with the applicable lawof the country where Transferto be paid out ; - 3) correspondence between the data
in a Request for Transfer Disbursementwith the data from the Electronic Instruction sent by relevant Sending Participant:a) a Money Transfer Control Number;b) a Transfer Amount and Currency;- c) Beneficiary's name.
6.4.7. Where the information
6.4.8. Where Executing Participant disburses a Transfer
A Transfer to which no "delivered" status has been assigned in UNISTREAM Software shall be considered as unpaid
- the Beneficiary refuses to present his identity document or other document in accordance
with the applicable lawof the country where such Transferto be paid out ; - any evidences with respect
to the Beneficiary of his/her participation in any terrorist activities, which evidences have been received in accordancewith the applicable anti-money laundering lawof the country where Transfer shallbe paid out .
6.5. Changes of Transfers terms
6.5.2. A Sending Participant shall accept a Sender's Request to change the Transfer terms provided that:1) a Transfer has an "accepted" status in UNISTREAM Softwareat the time of submissionof the above Request;2) the Sender presentsto the Sending Participant his passportor any other identity document.
6.5.3. The Sender shall be entitled to change following terms of Transfer:- a) Beneficiary's name;
- b) POS for Transfer payout
if a Transfer is paid out by a certain Executing Participant. - If needed to change any other terms of Transfer the Sender shall be entitled to cancel the Transfer sent and send
a new Transfer .
6.5.7. Electronic Notices on No-Address Transfers shall be approved automatically.
6.6. Cancellation of Transfers
6.6.1. A Transfer may be cancelled in following cases:1) at Sender's initiative;2) at Operator's initiative unilaterally in following cases:- a) automatically
on the 32nd calendar day after sending a Transfer which has not been claimed or receivedby the Beneficiary , also in case of non-providing by Sender or Beneficiary of appropriate data and/or documents required to receive such Transfer; b) an Executing Participant terminates its participationin the System ;c) in any other circumstances making such disbursementof the Transfer to the Beneficiary by Executing Participantor any other Participant impossiblefor any reason beyond the controlof the Sender or Beneficiary.
- a) automatically
6.6.2. Cancellation of Transfer at Sender's initiative shall be performed as follows:
The Sender shall submit
- The Sending Participant shall accept a Sender's Request for Transfer cancellation provided that:
- 1) such Transfer has an "accepted" status in UNISTREAM Software
at the time of submissionof the above Request; 2) the Sender presentsto the Sending Participant the passportor any other identity document.
6.6.2.3. The Sending Participant shall,at the time of receiptof from the Sender of a Request for Transfer cancellation, sendto an Executing Participant through UNISTREAM Software an Electronic Notice on such Transfer cancellation, after that an Executing Participant having received such notice shall, within 3 banking days (except for certain Participants the period of cancellation approval for which lasts longer than 2 weeks), assign to such Electronic Notice on Transfer cancellation in UNISTREAM Software:1) an "approved" statusif the Transfer has not been paid outto the Beneficiary by the time of receiptof the above Electronic Notice- or
2) a "rejected" statusif the Transfer has been actually paidto the Beneficiary by the time of receiptof the above Electronic Notice.
7. Procedure of settlements between UNISTREAM Participants
7.1. General provisions
7.2. Settlements between Participants
- 7.3. Operator's settlements with Participants in accordance with clause 7.2 shall be made through any accounts:
a) for all Money Transfers acceptedby the Participant - or
b) for any Money Transfer actually paid out by relevant Participant (incoming Money Transfersto the benefit of Participants).
7.2. Procedure of defining Participant's obligations
7.2.1. Clearing (mutual settlements between a Participant
Any operations effected
Participant's obligations against the Operator and Operator's obligations against such Participant shall be recorded in Operator's balance sheet accounts specified in relevant Participation Agreement.
Statements
7.2.1.3. If as a result of such clearing, the total amount of:- a) direct and/or transit Money Transfers outgoing
from a Participant on an accounting day; - b) fees due
to the Operator and other Executing Participantsfor the acceptance and disbursementof any Money Transfers mentioned above in item (a); - c) fees due
to the Operator for effecting Operator's functions while effecting internal Money Transfers between the points of Customer service of relevant Participant; - exceeds the total amount of:
- d) direct and/or transit Money Transfers actually disbursed during an accounting day by such Participant
to the Beneficiaries (which shall have the "delivered" status in UNISTREAM Software); - e) fees due
to a Participant for the disbursement of the Money Transfers mentioned above in item (d), - f) direct/transit outgoing Money Transfers from such Participant (including uncollected Transfers) canceled during an accounting day which were purposed for disbursement but have been not paid out
by the Operator to the Beneficiaries , - then a Participant shall have an obligation against the Operator,
and the Operator shall have a claim against such Participant who shall be obliged to transfer a difference amount to Operator's correspondent accountson the settlement day.
7.2.1.4. If as a result of such clearing, the total amount of:- a) direct and/or transit Money Transfers outgoing
from a Participant on an accounting day; - b) fees due
to the Operator and other Executing Participantsfor the completion and disbursementof any Money Transfers mentioned above in item (a); - c) fees due
to the Operator for effecting Operator's functions while effecting internal Money Transfers between the points of Customer serviceof a Participant ; - is less than the total amount of:
- d) direct and/or transit Money Transfers actually disbursed during an accounting day by such Participant
to the Beneficiaries (which shall have the "delivered" status in UNISTREAM Software); - e) fees due
to a Participant for the disbursement of the Money Transfers mentioned above in item (d); - f) direct/transit outgoing Money Transfers from such Participant (including unclaimed Transfers) canceled during an accounting day which were purposed for disbursement but have not been disbursed
by the Operator to the Beneficiaries ; - then the Operator shall have an obligation against such Participant
and the Participant shall have a claim against the Operator who shall be obliged to transfer relevant difference amount to such Participant's correspondent accountson the settlement day.
- 7.2.1.5. While effecting internal transfers between Participant's points of Customer service
in an accounting day: a) the amount of Operator's fee for effecting Operator's functionsin a relevant accounting day shall be included in settlements between the Parties when effecting the clearing;b) the amount of internal money transfersand the amount of the fees due to such Participant for actingas a Sending Participant and Executing Participant shall not be taken into account during settlements between the Parties;- c) settlements on internal transfers (including canceled transfers) between such Participant's points of Customer service shall be made by such Participant independently.
7.2.2. Clearing (mutual settlements between a Participant
Operations conducted
Participant's obligations against the Operator and Operator's obligations against a Participant shall be recorded in Operator's balance sheet accounts.
Statements
7.2.2.3. If as a result of such clearing, the total amount of:- a) direct and/or transit Money Transfers outgoing
from a Participant on a relevant accounting day; - b) fees due
to the Operator and other Executing Participant for acceptance and disbursement of Money Transfers mentioned above in item (a); - c) fees due
to the Operator for effecting Operator's functions in internal Money Transfers between the points of Customer serviceof a Participant ; - d) direct/transit incoming Money Transfers from such Participant (including unclaimed Transfers) canceled during an accounting day which were purposed for disbursement but have not been disbursed
by the Participant to the Beneficiaries ; - exceeds the total amount of:
- e) direct and/or transit Money Transfers actually disbursed during a relevant accounting day
by a Participant to the Beneficiaries (which shallhave a "delivered" status in UNISTREAM Software); - f) fees due
to a Participant for the disbursement of the Money Transfers mentioned above in item (e), - g) direct/transit outgoing Transfers
from a Participant (including unclaimed Transfers) canceled during a relevant accounting day which have been purposed for disbursement but have not been disbursedby the Operator to the Beneficiaries , then a Participant shall have an obligation against the Operatorand the Operator shall have a claim against such Participant who shall transfer a difference amount to Operator's correspondent accountson the settlement day.
7. 2.2.4. If as a result of such clearing, the total amount of:- a) direct and/or transit Money Transfers outgoing
from a Participant on an accounting day; - b) fees due
to the Operator and other Executing Participantsfor the acceptance and disbursement of Money Transfers mentioned above in item (a); - c) fees due
to the Operator for effecting Operator's functions in internal Money Transfers between the points of Customer serviceof a Participant ; - d) direct/transit incoming Transfers
from a Participant (including unclaimed Transfers) canceled during an accounting day which were purposed for disbursement but have not been disbursedby the Participant to the Beneficiaries ; - is less than the total amount of:
- e) direct and/or transit Transfers actually disbursed during an accounting day
by a Participant to the Beneficiaries (which shall have a "delivered" status in UNISTREAM Software); - f) fees due
to a Participant for the disbursement of the Transfers mentioned above in item (e), - g) direct/transit outgoing Transfers
from a Participant (including unclaimed Transfers) canceled during an accounting day which were purposed for disbursement but have not been disbursedby the Operator to the Beneficiaries , - then the Operator shall have an obligation against such Participant
and a Participant shall have a claim against the Operator who shall be obliged to transfer a difference amount to such Participant's correspondent accountson the settlement day.
- 7.2.2.5. While effecting internal transfers between such Participant's points of Customer service during an accounting day:
a) the amount of Operator's fee for effecting Operator's functions during an accounting day shall be included into settlements between the Parties;b) the amount of internal Transfersand the amount of the fees due to Participant for actingas a Sending Participant and Executing Participant shall not be taken into account during settlements between the Parties;- c) settlements on internal Transfers (including canceled transfers) between Participant's points of Customer service shall be completed
by a Participant independently.
8. Risk management at UNISTREAM System
8.3. Participants shall, within ten working days
The structure of financial information provided by Participants shall be defined in accordance
8.4. Each Participant shall provide the Operator
9. Liability of UNISTREAM Participants
9.3. If the Participant fails to observe terms of fulfillmentof its payment obligations towards other Participants, the Operator shall have the right to require from such Participant to pay penalty interest charged:a) at the double discount rateof the Bank of Russia being in effect during relevant periodof default — to any overdue debt amount in Russian rubles for every day of payment delay until the date of repaymentof a debt ;b) at the double LIBOR rate being in effect during relevant periodof default — to any overdue debt amount in foreign currency for every day of payment delay until the date of repaymentof a debt .
The total amount of such penalty interest shall not exceed a relevant overdue amount. Any losses caused by untimely fulfillment of obligations, above the penalty interest, shall not be compensated.
9.6. Each Participant shall be independently liable
9.7. Participants shall bear sole liability for taking all necessary measures purposed to secure the operations implemented
9.8. Participants shall bear sole liability for taking all necessary measures insuring the safety of Customer's personal data, in particular
9.9. Each Participant shall independently bear the risk
Upon cancellation of such Transfers
9.10. Each Participant shall bear sole liability for providing
9.11. Participants shall be exempted from liability
In case of occurrence of force-majeure circumstances, the System Participant shall notify the Operator thereof through available means of communication
In case of occurrence of force-majeure circumstances, the Operator shall notify thereof other Participants in writing through available means of communication.
Such notice shall include information
The above notice shall
10. Resolution of disputes
10.1. These Rules shall be governed
Should there
10.3. Participant’s complaint shall be made in writing
10.8. All statements of Participant Accounts made
10.10. Participants shall, without any prejudice to other their obligations arising out of these Rules, cooperate
11. Activities purposed for anti-money laundering and combating the financing of terrorism
11.1. Participants shall fulfill activities on anti-money laundering and combating financing of terrorism (hereinafter referred
11.2. While effecting Transfers the Participants shall observe restrictions on purpose of Transfers and Transfer Amounts, as well as perform activities relating
- 11.4. Participants shall provide to each other at request information relating to their activities and required for:
- a) complete understanding
of the essence of such Participant’s business activities, as wellas to define the reputation and monitoring quality of Participant; - b) assessment
of the level and the essence of AML activities takenby that Participant ; - c) confirmation by such Participant
of its obligations with the respect to implementation of AML activities;
- 11.5. Each POS used
by the Participant , as wellas any third parties involved by Participants to accept Transfers as their POS, shall complywith the following requirements: - a) mandatory professional registration and licensing in accordance
with the applicable lawof the country of incorporation of such third party; - b) applying security check measures to System's Customers at POS’s;
- c) reporting on AML activities as provided
by the applicable lawof the country of incorporation of Participantand or the third parties and these Rules; - d) provision
by the above third parties to Participants,at their request , of documents or information requiredby the latter or requiredfrom the latter by relevant authorities in accordancewith the AML activities.
11.6. Participants shall refrain from effecting Transfers if they have sufficient and reasonable assumptions that a Transfer is effected
11.7. Participants shall not be entitled to disclose to Customers information on AML activities performed by Participants, in particular on disclosure of information on Customers or Transfers to governmental authorities in charge
11.8. Participants shall secure storage of all documents relating to Customers and Transfers executed
11.9. While effecting Transfers Participants shall use automated systems used for AML activities required or recommended by relevant governmental authorities or which have been required
11.10. Participants shall observe Operator's written instructions purposed to secure compliance
12. Confidentiality provisions
12.1. A Participant shall keep confidential and not use for his own interests lists of Customers and Participants, business terms and conditionsof its participation in the System or any other terms and conditions of relationships between Participants, business processes or information during the termof its participation in the System , and five years from terminationof its participation in the System , which,to the extent of Participant’s knowledgeor as reasonably may be known , are confidentialto the business or activitiesof the Operator or the System , except for:a) any publicly accessible information;b) any information which shall be disclosed under applicable law;c) any disclosure of information approvedby the Operator (for Participants).
12.2. All information
12.3. A Participant shall be entitled to:- a) transfer information on Customers
to the Operator for the purpose of providing Transfer services; - b) use information on Customers received through UNISTREAM Software
for the purpose of providing Transfer services; - c) disclose information on Customers to law enforcement agencies according
to the applicable law.
12.6. Participants may jointly implement marketing activities to promote the System provided prior entering
13. Assignment
14. Changes in these Rules and notices
14.4. Amendments hereto shall be made
14.6. These Rules have been executed in Russian and English languages, both versions being identical.
