Blocking transfers: how it will be

At the end of September, amendments to the Federal Law “On Banks and Banking Activities” will come into effect, obliging banks to block cards and customer accounts in the event that suspicious transactions are identified.
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The amendments will enter into force 90 days after the President signs the law on their submission (June 27). In accordance with them, blocking cards in the event of “a transaction corresponding to the characteristics of transferring funds without the client’s consent”, or simply attempting to steal funds, will not be a right (as it is now), but the responsibility of banks.
Cards will block for up to 2 days. At the same time, the bank employee will have to notify the cardholder about the suspension of operations by phone or e-mail and ask him for confirmation of the operation that they considered suspicious. If confirmation is received, the operation will be conducted and the card will be unblocked. If the client does not give confirmation, the card will be “thawed” after 2 days.
In addition to cards owned by citizens, the law also provides for measures to deal with suspicious transactions on the accounts of legal entities.Of course, the scheme there is more complicated. In case of detection of unauthorized debiting of funds, the company notifies its bank, which in turn sends to the bank where the payment went, a notice of the suspension of funds crediting to the account of the receiving company. Suspension may take up to 5 banking days. During this time, the recipient must, upon request of his bank, provide proof of the reasonableness of the payment. If the recipient can confirm that the funds were really intended for him, they will be credited to his account. If not, they will be returned to the payer. In the event that the paying company has late declared an unreasonable payment and the money has already been credited to the beneficiary’s account, i.e. the suspension of the operation is not possible, the payee’s bank informs the payer’s bank of this. At the same time, the law states that the paying company does not have the right to demand compensation from the bank for debited funds.
These amendments were initiated by the Bank of Russia in order to combat the theft of funds from the accounts of citizens and legal entities. According to the data provided by Rossiyskaya Gazeta, in 2016 alone, about 300,000 unauthorized transactions were made in Russia with payment cards of citizens for a total amount of more than 1 billion rubles.Now every week there are several thousand (only in Sberbank - up to 8-9 thousand) attempts to steal funds from the cards belonging to citizens, either through fraud in order to defraud people of their usernames and passwords or PIN codes, or by using DDoS attacks on computer banking systems.
The law states that "signs of a transfer of funds without the consent of the client are established by the Bank of Russia and are posted on its official website." Also, banks will be required to report to the Bank of Russia "about all cases and (or) attempts to transfer money without the client's consent" - this information will be accumulated in a special database that all banks will be able to use in the prescribed manner.
So far, the criteria on the basis of which the bank will be able to recognize the operation as suspicious are under development. The Bank of Russia must complete it before the amendments come into force, i.e. in less than 3 months. As explained. Artem Sychev, director of information security at the Bank of Russia, will accurately include numerous transfers from legal entities to many individuals to other regions, as well as payments with an unclear purpose.
Now, while there is no exact list of signs of a suspicious operation, there are a variety of assumptions about what criteria it will include. So, called "atypical" translations, i.e. such that the cardholder has not previously committed. Also, experts believe that a list of transactions that by default will not be perceived as suspicious can be determined, for example, transfers between relatives or transfers for small amounts.
Dmitry Rudzit, financial expert, head of the press service of the Association of Credit and Financial Organizations of the Republic of Bashkortostan, evaluates innovations: “Indeed, the list of reasons why you can doubt the purity of a payment is quite large. specialists will sit down and decide how much payment is valid. Here, a lot will depend on the person’s qualities, which determines the degree of payment. There is a risk of going into subjectivity. There is a certain minus. There is a plus - control. <...> Yes, of course, the government needs money. Very large sums went into the shadows, including the method of making gray, dubious payments that went past the treasury, past taxes and state employees.In this sense, the idea of ​​the Central Bank to check payments is sound, but it is difficult to say how it will be implemented in practice. "
Candidate of Economic Sciences Yevgeny Zmiyev (Krasnodar) notes that these amendments can create serious problems for entrepreneurs: "Most likely, the proposed package of measures will increase the administrative burden on the business or make the campaign justify a large number of documents to prove that they are white and doing everything right otherwise the transactions will be blocked completely. If you think about the question, the struggle for non-cash payment was always presented as absolutely transparent, and suddenly the Central Bank begins to strengthen measures to control, blocking, etc. In non-cash payments and so you can see who, when and from where sent the money, the payment history is saved. On suspicious facts and so you can understand. Blocking payments will create problems for the business, rather than opposing money laundering. <... > This is a wrong practice. It requires a more careful review and removal of administrative barriers in relation to monetary settlements. "
Candidate of Economic SciencesProfessor RAE Dmitry Minin (Veliky Novgorod) casts doubt on the appropriateness of the measures voiced in the law: “I consider the Central Bank’s proposals for suspicious payments to be controversial. <...> It’s pretty stupid to block small payments from individuals. It’s clear that in the Central Bank’s innovations the goal of fighting shady economy, but it’s better to start with large financial flows. Payments of up to 30 thousand should not be monitored at all. <...> We are moving towards the digital economy, and it turns out that all requirements and prohibitions inhibit this movement. ck, that the fight against suspicious payments can have the opposite effect: people will move from calculating with cards to calculating in cash. "
Well, something like this.
The full version of the material with detailed comments of experts can be read here.
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