2024-07-01 | BWBV0006700 | Verdrag inzake postale financiële diensten
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1 changed files with 54 additions and 48 deletions
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@ -35,6 +35,8 @@ Subject to the provisions under 2, each member country shall ensure on a best ef
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**2.** Instalment – partial advance payment made by the issuing designated operator to the paying designated operator to ease the cash situation of the paying designated operator’s postal payment services.
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**2bis.** Interoperability – set of interconnected IT systems, and operational procedures, enabling the end-to-end exchange and processing of information on electronic payments in accordance with the present Agreement.
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**3.** Money laundering – the conversion or transfer of funds in the knowledge that these funds are derived from a criminal activity or participation in such activity, with the aim of hiding or disguising the illegal origins of the funds or of helping any person having participated in such activity to escape the legal consequences of his action; money laundering shall be considered as such when the activities producing funds to be laundered are liable to prosecution in the territory of another member country or a third country.
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**4.** Ring-fencing – the compulsory separation of users’ funds from those of the designated operator which prevents the use of users’ funds for purposes other than the execution of postal payment service operations.
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@ -59,11 +61,11 @@ Subject to the provisions under 2, each member country shall ensure on a best ef
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Due diligence in relation to users – general obligation on the part of designated operators, comprising the following duties:
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13.1 identifying users;
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13.2 obtaining information on the purpose of the postal payment order;
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13.3 monitoring postal payment orders;
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13.4 checking that the information concerning users is up to date;
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13.5 reporting suspicious transactions to the competent authorities.
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13.1. identifying users;
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13.2. obtaining information on the purpose of the postal payment order;
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13.3. monitoring postal payment orders;
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13.4. checking that the information concerning users is up to date;
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13.5. reporting suspicious transactions to the competent authorities.
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**14.** Electronic data relating to postal payment orders – data transmitted by electronic means, from one designated operator to another, relating to the execution of postal payment orders, inquiries, alteration or correction of addresses or reimbursement; these data are either entered by designated operators, or generated automatically by their information system, and indicate a change in the status of the postal payment order or of the order request.
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@ -182,13 +184,13 @@ The exercise of the possibility outlined in paragraph 1 shall be subject to the
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**2.** They should inform their country’s competent authorities of suspicious transactions, in accordance with national laws and regulations.
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**3.** The Regulations shall set out the detailed obligations of designated operators in respect of user identification, due diligence and the procedures for implementing regulations against money laundering, terrorist financing and financial crime.
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**3.** The Regulations shall set out the detailed obligations of designated operators with respect to the implementation of their respective programmes to combat money laundering, terrorist financing and financial crime, as well as user identification, due diligence and the procedures for implementing regulations against money laundering, terrorist financing and financial crime.
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### Artikel 9
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**1.** Member countries and their designated operators shall ensure the confidentiality and security of personal data in accordance with national legislation and, where applicable, international obligations, and the Regulations.
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**2.** Personal data may be employed only for the purposes for which it was gathered in accordance with applicable national legislation and international obligations.
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**2.** Personal data may be employed only for the purposes for which it was gathered in accordance with applicable national legislation and international obligations and prevention of money laundering, terrorist financing and financial crime.
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**3.** Personal data shall be notified only to third parties authorized by applicable national legislation to access that data.
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@ -200,11 +202,7 @@ The exercise of the possibility outlined in paragraph 1 shall be subject to the
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### Artikel 10
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**1.** The exchange of data necessary for the provision of the services defined in this Agreement shall be governed by the principle of technological neutrality, which means that the provision of these services does not depend on the use of a particular technology.
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**2.** The procedures for executing postal payment orders, including the conditions for depositing, entering, dispatching, paying and reimbursing orders and for processing inquiries, and the time limit for making the funds available to the payee, may vary according to the technology used for transmitting the order.
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**3.** Postal payment services may be provided on the basis of a combination of different technologies.
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Vervallen
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### Hoofdstuk II. GENERAL PRINCIPLES AND QUALITY OF SERVICE
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@ -214,77 +212,84 @@ The exercise of the possibility outlined in paragraph 1 shall be subject to the
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Accessibility via the network and financial inclusion
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1.1 The postal payment services shall be provided by the designated operators via their network(s) and/or via any other partner network in order to ensure accessibility to these services for the greatest number, and with a view to ensuring access to, and use of, a wide range of affordably priced postal payment services.
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1.2 All users shall have access to postal payment services regardless of any contractual or commercial relationship existing with the designated operator.
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1.1. The postal payment services shall be provided by the designated operators via their network(s) and/or via any other partner network in order to ensure accessibility to these services for the greatest number, and with a view to ensuring access to, and use of, a wide range of affordably priced postal payment services.
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1.2. All users shall have access to postal payment services regardless of any contractual or commercial relationship existing with the designated operator.
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**2.**
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Separation of funds
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2.1 Users’ funds shall be ring-fenced. These funds and the flows that they generate shall be separate from operators’ other funds and flows, particularly their own funds.
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2.2 Settlements relating to remuneration between designated operators are separate from settlements relating to users’ funds.
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2.1. Users’ funds shall be ring-fenced. These funds and the flows that they generate shall be separate from operators’ other funds and flows, particularly their own funds.
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2.2. Settlements relating to remuneration between designated operators are separate from settlements relating to users’ funds.
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**3.**
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Currency of issue and currency of payment in respect of postal payment orders
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3.1 The amount of the postal payment order shall be expressed and paid in the currency of the destination country or in any other currency authorized by the destination country.
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3.1. The amount of the postal payment order shall be expressed and paid in the currency of the destination country or in any other currency authorized by the destination country.
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**4.**
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Non-repudiability
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4.1 The transmission of postal payment orders by electronic means shall be subject to the principle of non-repudiability, in the sense that the issuing designated operator shall not question the existence of these orders and the paying designated operator shall not deny receipt of the orders, insofar as the message conforms to the applicable technical standards.
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4.2 The non-repudiability of electronic postal payment orders shall be ensured by technological means, regardless of the system used by the designated operators.
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4.1. The transmission of postal payment orders by electronic means shall be subject to the principle of non- repudiability, in the sense that the issuing designated operator shall not question the existence of these orders and the paying designated operator shall not deny receipt of the orders, insofar as the message conforms to the applicable technical standards.
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4.2. The non-repudiability of electronic postal payment orders shall be ensured by technological means, regardless of the system used by the designated operators.
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**5.**
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Execution of postal payment orders
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5.1 Postal payment orders transmitted between designated operators must be executed, subject to the provisions of the present Agreement and the national legislation.
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5.2 In the designated operators’ network, if both member countries use the same currency, the sum delivered to the issuing designated operator by the sender shall be the same as the sum paid to the payee by the paying designated operator. If the currency is not the same, the sum shall be converted on the basis of an established exchange rate upon issue and/or payment, as appropriate.
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5.3 Payment in cash to the payee shall not be conditional on receipt by the paying designated operator of the corresponding funds from the sender. It shall be made subject to the fulfilment by the issuing designated operator of its obligations towards the paying designated operator regarding instalments, the regular settlement of accounts, the provision of a liaison account or settlement via the centralized clearing and settlement system.
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5.4 Payment into the payee’s account by the paying designated operator shall be conditional on receipt of the corresponding funds from the sender, to be made available by the issuing designated operator to the paying designated operator. These funds may come from the liaison account of the issuing designated operator or from a centralized clearing and settlement system.
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5.1. Postal payment orders transmitted between designated operators must be executed, subject to the provisions of the present Agreement and the national legislation.
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5.2. In the designated operators’ network, if both member countries use the same currency, the sum delivered to the issuing designated operator by the sender shall be the same as the sum paid to the payee by the paying designated operator. If the currency is not the same, the sum shall be converted on the basis of an established exchange rate upon issue and/or payment, as appropriate.
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5.3. Payment in cash to the payee shall not be conditional on receipt by the paying designated operator of the corresponding funds from the sender. It shall be made subject to the fulfilment by the issuing designated operator of its obligations towards the paying designated operator regarding instalments, settlement via the centralized clearing and settlement system, the settlement of monthly accounts or the provision of a liaison account.
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5.4. Payment into the payee’s account by the paying designated operator shall be conditional on receipt of the corresponding funds from the sender, to be made available by the issuing designated operator to the paying designated operator. These funds may come from the centralized clearing and settlement system or from the liaison account of the issuing designated operator.
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**6.**
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Setting of rates
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6.1 The issuing designated operator shall set the price of postal payment services.
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6.2 Charges may be added to this price for any optional or supplementary service required by the sender.
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6.1. The issuing designated operator shall set the price of postal payment services.
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6.2. Charges may be added to this price for any optional or supplementary service required by the sender.
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**7.**
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Exemption from charges
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7.1 The provisions of the Universal Postal Convention concerning exemption from postal charges on postal items intended for prisoners of war and civil internees shall apply to the postal payment service items for this category of payee.
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7.1. The provisions of the Universal Postal Convention concerning exemption from postal charges on postal items intended for prisoners of war and civil internees shall apply to the postal payment service items for this category of payee.
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**8.**
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Remuneration of the paying designated operator
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8.1 The paying designated operator shall be remunerated by the issuing designated operator for the execution of postal payment orders.
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8.1. The paying designated operator shall be remunerated by the issuing designated operator for the execution of postal payment orders.
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8.2. For settlement of postal payment services, and unless otherwise bilaterally agreed between the sending and paying designated operators:
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8.2.1. The remuneration of the paying designated operator shall be a percentage of the price paid by the sender to the issuing designated operator for the issuing of a postal payment order.
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8.2.2. The remuneration of the paying designated operator shall not be less than 30% or more than 50% of the price paid by the sender for the issuing of a postal payment order.
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8.2.3. The Regulations shall specify the percentage to be applied and, where appropriate, a minimum amount of remuneration to cover the operating costs of the paying designated operator.
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**9.**
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Intervals for settlement between designated operators
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9.1 The frequency of settlement between designated operators of sums paid or credited to a payee on behalf of a sender may be different from that in respect of the settlement of remuneration between designated operators. Sums paid or credited shall be settled at least once a month.
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9.1. The frequency of settlement between designated operators of sums paid or credited to a payee on behalf of a sender may be different from that in respect of the settlement of remuneration between designated operators. Sums paid or credited shall be settled at least once a month.
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**10.**
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Obligation to inform users
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10.1 Users shall be entitled to the following information, which shall be published and made available to all senders: conditions covering the provision of postal payment services, prices, charges, exchange rates and arrangements, conditions of implementation of liability, and the addresses of information and inquiry services.
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10.2 Access to this information shall be provided free of charge.
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10.1. Users shall be entitled to the following information, which shall be published and made available to all senders: conditions covering the provision of postal payment services, prices, charges, exchange rates and arrangements, conditions of implementation of liability, and the addresses of information and inquiry services.
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10.2. Access to this information shall be provided free of charge.
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### Artikel 12
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**1.** Designated operators may decide to identify postal payment services by means of a collective brand.
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**1.** The PosTransfer collective brand shall be associated with the operation of the electronic postal payment services defined herein.
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**2.** The Postal Operations Council shall define the quality of service objectives, elements and standards for postal payment orders transmitted electronically.
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**1bis.** The entities authorized to use the PosTransfer collective brand shall be subject to compliance with the quality of service objectives, elements and standards associated with electronic postal payment services, as set out in the PosTransfer licensing agreement.
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**3.** Designated operators must apply a minimum number of quality of service elements and standards for postal payment orders transmitted electronically.
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**2.** The Postal Operations Council shall define and update the quality of service objectives, elements and standards for electronic postal payment services.
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**3.** In line with the relevant provisions of the Regulations, designated operators (as well as the WPSPs referred to in article 5) must apply a minimum number of quality of service elements and standards for postal payment orders transmitted electronically.
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### Hoofdstuk III. PRINCIPLES FOR ELECTRONIC DATA INTERCHANGE
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@ -320,7 +325,7 @@ The systems used by designated operators shall permit the monitoring of the proc
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### Artikel 17
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**1.** After confirming the payee’s identity in accordance with national legislation and the accuracy of the information he has provided, the designated operator shall make the payment in cash. For an inpayment order or a transfer, this payment shall be credited to the payee’s account.
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**1.** After confirming the payee’s identity in accordance with national legislation and the accuracy of the information the payee has provided, as well as due compliance with any relevant provisions on the prevention of money laundering, terrorist financing and financial crime, the designated operator shall make the payment in cash. For an inpayment order or a transfer, this payment shall be credited to the payee’s account.
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**2.** The time limits for release of the funds shall be established in the bilateral and multilateral agreements between designated operators.
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@ -390,32 +395,33 @@ No reservations may be made to the provisions regarding liability prescribed in
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Accounting rules
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1.1 Designated operators shall comply with the accounting rules defined in the Regulations.
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1.1. Designated operators shall comply with the accounting rules defined in the Regulations.
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**2.**
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Preparation of monthly and general accounts
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2.1 The paying designated operator shall prepare for each issuing designated operator a monthly account showing the sums paid for postal payment orders. The monthly accounts shall be incorporated, at the same intervals, in a general offset account including instalments and giving rise to a balance.
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2.1. The paying designated operator shall prepare for each issuing designated operator a monthly account showing the sums paid for postal payment orders. The monthly accounts shall be incorporated, at the same intervals, in a general offset account including instalments and giving rise to a balance.
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**3.**
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Instalment
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3.1 In case of an imbalance in exchanges between designated operators, an instalment shall be paid by the issuing designated operator to the paying designated operator, at least once a month, at the beginning of the settlement period. In cases where increasing the frequency of settlement of exchanges reduces the period to less than a week, operators can agree to waive this instalment.
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3.1. In case of an imbalance in exchanges between designated operators, an instalment shall be paid by the issuing designated operator to the paying designated operator, at least once a month, at the beginning of the settlement period. In cases where increasing the frequency of settlement of exchanges reduces the period to less than a week, operators can agree to waive this instalment.
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3.2. Instalments shall not be admitted for settlements taking place through the centralized clearing and settlement system.
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**4.**
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Concentration account
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4.1 In principle, each designated operator shall have one concentration account for users’ funds. These funds shall be used solely for settling postal payments paid to the payees or for reimbursing non-executed postal payment orders to senders.
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4.2 Any instalments paid by the issuing designated operator shall be credited to the concentration account for the paying designated operator. These instalments shall be used exclusively for payments to payees.
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4.1. In principle, each designated operator shall have one concentration account for users’ funds. These funds shall be used solely for settling postal payments paid to the payees or for reimbursing non-executed postal payment orders to senders.
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4.2. Any instalments paid by the issuing designated operator shall be credited to the concentration account for the paying designated operator. These instalments shall be used exclusively for payments to payees.
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**5.**
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Security deposit
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5.1 The payment of a security deposit may be required in accordance with the conditions provided for in the Regulations.
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5.1. The payment of a security deposit may be required in accordance with the conditions provided for in the Regulations.
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### Artikel 26
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@ -423,22 +429,22 @@ Security deposit
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Centralized settlement
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1.1 Settlements between designated operators may pass through a central clearing house, in accordance with the procedures set out in the Regulations and shall be carried out from the designated operators’ concentration accounts.
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1.1. Unless otherwise bilaterally agreed as per paragraph 2, settlements of electronic postal payment services between designated operators shall pass through the Union’s central clearing house, in accordance with the procedures set out in the Regulations, and be carried out from the designated operators’ concentration accounts.
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**2.**
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Bilateral settlement
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2.1 Billing on the basis of the general account balance
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2.1. Billing on the basis of the general account balance
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2.1.1 In general, designated operators that are not members of a centralized clearing system shall settle accounts on the basis of the balance of the general account.
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2.2 Liaison account
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2.1.1. Designated operators that are not members of the centralized clearing system, or that are settling paper-based postal payments, may settle accounts on the basis of the balance of the general account.
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2.2. Liaison account
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2.2.1 Where designated operators have a giro institution, they may each open a liaison account by means of which shall be settled their mutual debts and claims resulting from postal payment services.
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2.2.2 Where the paying designated operator does not have a giro system, the liaison account may be opened with another financial institution.
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2.3 Currency of settlement
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2.2.1. Where designated operators have a giro institution, they may each open a liaison account by means of which shall be settled their mutual debts and claims resulting from postal payment services.
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2.2.2. Where the paying designated operator does not have a giro system, the liaison account may be opened with another financial institution.
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2.3. Currency of settlement
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2.3.1 Settlements shall be carried out in the currency of the destination country or in a third currency agreed between the designated operators.
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2.3.1. Settlements shall be carried out in the currency of the destination country or in a third currency agreed between the designated operators.
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## Deel III. TRANSITIONAL AND FINAL PROVISIONS
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