COMMON RULES FOR THE PROVISION OF SERVICES
IN MONEY REMITTANCE SYSTEMS
- GENERAL PROVISIONS
Provider data:
Provider name: "MOLDCELL" S.A.
IDNO: 1002600046027
Legal address (registered office): Republic of Moldova, MD-2060, Chisinau municipality, 3 Belgrad Street.
E-mail address: [email protected]
Website: www.moldcell.md
Addresses of the Provider's workplaces: https://www.moldcell.md/rom/moldcell_offices/29
The authority responsible for the supervision of the electronic money institution: the National Bank of Moldova, website: www.bnm.md
Licence of the electronic money institution: MMI series no. 000477 of March 21, 2023
Registration number in the Public Register of Electronic Money Institutions: No. 7 of March 17, 2022
These Rules for the provision of money remittance services (hereinafter - "Rules") are drawn up in accordance with the legislation of the Republic of Moldova and contain provisions common to all Money Remittance Systems in which the Provider participates.
- DEFINITIONS
Terms and expressions used in these Rules shall have the meanings set out in the Regulations or as defined below:
Identity document- valid document proving the identity of the person: all types of passports, identity cards, residence permits, travel documents of stateless persons (the Convention relating to the Status of Stateless Persons of September 28, 1954), refugees ( the Convention relating to the Status of Refugees of July 28, 1951) and beneficiaries of humanitarian protection, issued by the competent authorities of the RM or travel documents (passports) issued by other states and in force at the time of provision of services.
Beneficiary/Receiver - a natural person with full legal capacity who holds a valid identity document and who is the recipient of the funds that have been the subject of a remittance payment transaction;
Currency converter - is the exchange rate of a currency against the Moldovan Leu;
Secret disposable code- disposable code, transmitted by the Payer's participating payment service provider to identify the money remittance and authorize the Payee to release funds
Payer - a natural person with full capacity to act who gives the order to remit money if he does not have a payment account;
Working point – a subdivision of the Provider where Users can request the sending/disbursement of funds related to remittance through Money Remittance Systems
Remittance – payment service where funds are received from the payer without the creation of a payment account in the name of the payer or the payee, for the sole purpose of transferring a corresponding amount to the payee or another payment service provider acting on behalf of the payee, and/or where funds are received on behalf of and made available to the payee;
Money remittance system - a system governed by rules common to the participants in the system relating to the processing, clearing and settlement of money remittance funds and where the execution of the money remittance is not conditional on the use of a Payer/Beneficiary payment account;
User – a common notion for naming the Payee and/or the Payer in context, as appropriate;
- GENERAL INFORMATION
3.1. Money remittance is a fast payment service where funds are received from the Payer without the need to create a payment account in its or the Payee's name, for the sole purpose of transferring/remitting a corresponding amount to the Payee in cash.
3.2. "MOLDCELL" S.A. offers Money Remittance services with the release of funds to Payees in national currency (MDL) through the Working Points. More information about the address of the Working Points can be found on the website www.moldcell.com.
3.3. The use of the "Money Remittance" service implies acceptance of these Rules by the Users and the specific conditions published for each Money Remittance System.
3.4. The Provider participates as a participating payment service provider in the following Remittance Systems:
- Western Union
4. SUBJECT MATTER OF THESE RULES
These Rules describe:
1) the procedures for sending and issuing the Money Remittance;
2) the procedure for amending, returning and cancelling the Money Remittance
2) the limits and restrictions on the sending of the Money Remittance.
5. Limits
5.1. Remittances can be sent for the following purposes (aims):
a) family expenses;
b) in the form of a donation
c) in connection with the establishment of residence abroad;
d) in connection with a temporary stay abroad;
e) to obtain a visa;
f) socially important non-commercial remittances;
g) remittances of money by the individual to his/her account opened abroad;
(h) other remittances to non-residents.
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- Depending on the purpose, the foreign exchange legislation establishes the following value limits and requirements for the submission of supporting documents for remittances from natural persons residing abroad:
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- The resident natural person who establishes residence abroad may transfer abroad the funds held by him/her with the right of ownership as follows:
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- Remittance of money in an amount not exceeding EUR 10 000 (or its equivalent) - without the submission of supporting documents to the Provider;
- Remittance of money in an amount exceeding EUR 10,000 (or its equivalent), upon submission to the Provider of the following documents:
- the identity card of the resident natural person, in which is affixed the mention on the authorization of emigration by the authorized bodies of the Republic of Moldova (passport, issued to the citizen of the Republic of Moldova or a stateless person for exit from/entry into the Republic of Moldova or the national passport of the foreign citizen);
ii) the documents confirming the ownership of the funds to be transferred from the Republic of Moldova (e.g. the contract of sale-purchase of the real estate, of the securities, the certificate of inheritance).
5.2.2. Family expenses (abroad in favour of other residents):
a) up to EUR 10,000 (or its equivalent) - without the submission of supporting documents by the Provider;
b) from EUR 10 000 (or its equivalent) - on the submission to the Provider of the following documents:
i. confirming family membership (e.g. birth certificate, marriage certificate) and
ii. confirming the necessity of the payment/transfer by the natural person to whom the transfer is made and containing details of the amount of the payment/transfer.
5.2.3. Donation:
a) up to EUR 10 000 (or its equivalent) - without the submission of supporting documents by the Provider;
b) from EUR 10 000 (or its equivalent) - on submission to the Provider of the Donation Contract.
5.2.4. Establishment with residence abroad:
a) up to EUR 10 000 (or its equivalent) - without the submission of supporting documents by the Provider;
b) a transfer in an amount exceeding EUR 10 000 (or its equivalent) - upon submission to the Provider of the following documents:
i. the identity card of the resident natural person, in which is affixed the mention on the emigration authorization by the authorized bodies of the Republic of Moldova (passport, issued to the citizen of the Republic of Moldova or a stateless person for exit from/entry into the Republic of Moldova or the national passport of the foreign citizen)
and
ii. the documents confirming the ownership of the funds to be transferred from the Republic of Moldova (e.g. the contract of sale-purchase of the real estate, of the securities, the certificate of inheritance).
5.2.5. Temporary assignment abroad:
a) up to EUR 10 000 (or its equivalent) - without the submission of supporting documents by the Provider;
b) from EUR 10 000 (or its equivalent) - on submission to the Provider of the following documents:
i. confirming temporary residence abroad (e.g. confirmation from a foreign educational institution, medical institution or place of work abroad, temporary residence permit in the foreign country concerned)
and
ii. confirming the necessity for the natural person to make the payment/transfer and containing data on the amount of the payment/transfer.
5.2.6. Obtaining the visa:
a) up to EUR 10 000 (or its equivalent) - without the submission of supporting documents by the Provider;
b) from EUR 10 000 (or its equivalent) - on the submission by the Provider of the following documents:
i) the document/information confirming the necessity of the existence abroad of funds in the name of the natural person for obtaining the visa and containing data on the amount of funds required (e.g. document/information from the diplomatic mission of the foreign state specifying the requirement of depositing funds in an account opened with a foreign bank for obtaining the entry visa and the amount required to be deposited)
and
ii. the documents confirming the aim/purpose of the visit, which are required for the submission to the respective diplomatic mission/consular post for obtaining the appropriate visa.
6. SHIPPING PROCEDURE
6.1. The remittance can be sent by the Payer to any of the Provider's Working point (shops).
6.2. The Payer must comply with the Provider's requirements in the field of prevention of money laundering and terrorist financing and the legislation in force in the respective field.
6.3. When remitting money it is necessary that the Payer:
a) Submits to the Provider's representative the original valid identity card and the supporting documents (if applicable);
b) Communicates (in writing or verbally) accurately to the Provider's representative the information necessary for entering the remittance data into the information system: name, surname of the Beneficiary (home address, telephone number, etc.), the amount and currency of the remittance, the country of destination and the purpose of the payment, and complies with the provisions of foreign exchange legislation;
c) Transmits to the representative of the Provider the amount of money that is the subject of the remittance;
d) Pays the Provider the commission for the execution of the remittance.
6.4. In order to provide the money remittance service, the Provider must take and keep a copy of the presented original identity card.
6.5. The Provider issues to the Payer the confirmation of receipt of the funds that are the subject of the money remittance and the commission, and the Payer signs the documents confirming the receipt of the amount by the Provider for the money remittance as ordered by the Payer.
6.6. The Provider communicates to the Payer the unique secret identification code of the remittance in the Remittance System.
6.7. For the release of funds related to a remittance, the Payer communicates the following data to the Payee:
a) the name of the Provider;
b) the amount of the Remittance.
c) the unique secret identification code of the Remittance in the Remittance System.
6.8. The Payer is obliged not to disclose the data about the remittance to the third parties.
6.9. The Provider carries out the transfer via the Remittance System selected by the Payer after the Payer deposits the remittance amount in the national currency and pays the remittance fee in accordance with the Provider's tariffs.
6.10. Receipt of cash funds from the Payor under the Remittance Systems takes place within the working hours of the Provider's Work points, as indicated on the website www.moldcell.md
6.11. The processing of the remittance information and the availability of funds for release to the Payee, as a rule, takes place immediately, but not more than 2 working days.
6.12. After the expiry of the limitation period established by the legislation in force, if the funds have not been collected by the Payee or claimed by the Payer, the transaction will be definitively cancelled and the funds will not be released.
7. THE PROCEDURE OF AMENDING, RETURNING OR CANCELLING THE REMITTANCE
7.1. The Payer may request the amendment, return, or cancellation of the remittance and, where applicable, the return of the funds, by appearing in person (or by proxy) at the Provider's Point of work until the funds are released to the Payee.
The amendment, return, or cancellation of the Remittance may be made upon submission of the receipt and statement issued (in original) by the Provider upon receipt of the funds for the Remittance and the written request in the form established by the Provider.
7.2. If the return of the Remittance is requested in connection with the expiry of its validity, the Payer shall, in addition to the above information, also submit the SMS message sent by the Provider with the text of the notification about the cancellation of the Remittance.
7.3. The Payer is obliged to request the cancellation of the Remittance and the return of the funds in all cases in which there is reasonable doubt that the transfer data has been compromised (has become known to third parties).
7.4. The Provider shall return the funds within 30 days from the time of submission of the Payer's request for the return of the funds for the Money Transfer cancelled as a result of failure to return the funds within the time limit,
8. THE PROCEDURE OF THE REMITTANCE RELEASE
8.1. The disbursement of the Remittance of Money is possible in any direct subdivision of the Provider, personally to the Beneficiary, after identification of the Beneficiary based on a valid ID as defined in these Rules.
8.2. The funds which are the remittance subject may also be issued to the representative by proxy on behalf of the Beneficiary.
8.3. If the release of funds is requested through a representative, the representative shall submit a notarized power of attorney expressly indicating the right to receive money transfers/remittances on behalf of the Beneficiary or a notarized copy of the power of attorney and the valid ID.
8.4. The funds subject to a Remittance may be received by the Beneficiary at the verbal or written request of the Beneficiary (or the representative under power of attorney) upon presentation of the following information:
a) The unique code of the remittance;
b) The amount and currency of the remittance;
c) The name, surname, and patronymic of the Payer (depending on the Remittance System);
8.5. When issuing the remittance, the Provider's representative verifies that the remittance system's information system shows full information about the remittance and the identity of the Payer.
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- If the data indicated above does not correspond to the data recorded in the money transfer system, generated when the Remittance was sent and provided to the Payer, the Remittance is not issued to the Payee or its representative.
- After the Payee has correctly provided all the information required for the release of the Remittance, the Provider shall release to the Payee in cash the funds transferred in full (
- If the Remittance has been cancelled and/or returned to the Payor, the Remittance shall not be released to the Payee.
- The Provider is entitled to request additional information and supporting documents upon the release of the Remittance in accordance with internal procedures and applicable law,
- The Provider is entitled not to release the Remittance to the Beneficiary in cases of non-compliance with the legislation of the Republic of Moldova and in particular with the Law on Prevention and Combating of Money Laundering and Terrorist Financing, no.308 of December 22, 2017, or in case of detecting fraud, attempted fraud, abuse, and/or illegal acts on the part of Users or third parties.
- The Provider will initiate the release of the money only after it is satisfied that it holds the full amount.
- The release of funds to the Beneficiary in cash under the Remittance Systems shall be made within the working hours of the Provider's Work points, as indicated on the website www.moldcell.md
- COMMISSIONS
9.1. The commission charged for Money Remittance is set by the Money Remittance System
9.2. The Remittance commission shall be paid in full by the Payer upon initiation of the Remittance.
- USER RIGHTS AND OBLIGATIONS
10.1. The Payer is entitled:
a) To obtain information about the rules for the execution of the Remittance and to acquaint himself with these Rules in advance;
b) To request and receive assistance in solving problems related to the issue of the Remittance;
c) To request the amendment, cancellation and return of the Money Remittance by the time the Money Remittance is issued.
10.2. The Payer is obliged:
a) To comply with the requirements of the legislation of the Republic of Moldova and the provisions of these Rules;
b) To provide the Provider, at its request, with the supporting documents for sending the Remittance;
c) To provide the Beneficiary of the Remittance with the necessary data for receiving the Remittance;
e) To use the Remittance for necessities unrelated to business or professional activity;
10.3. Beneficiary Rights:
a) To receive on request, within the time limit set out in these Rules, the Remittance sent on his/her name;
b) To receive a document confirming the issue of the Remittance.
c) To obtain information about the rules for the execution of the Remittance and to acquaint himself with these Rules in advance;
10.4. Obligations of the Beneficiary:
a) To comply with the requirements of the legislation of the Republic of Moldova and the provisions of these Rules;
b) To submit to the Provider a valid identity document;
c) To submit the information required for the issuance of the Remittance, including the secret disposable code;
4. To submit supporting documents for the issue of the Remittance as required.
- PROVIDER RESPONSIBILITY
11.1. The Provider shall not be liable if the Payer has indicated incorrectly the relevant data for sending the Remittance;
11.2. The Provider shall not be liable if the Payer has not communicated to the Payee the correct data required for the receipt of the Remittance.
11.3. The Provider shall issue to the Payer proof of fund receipt for the Remittance.
11.4.The Provider shall keep records of fraud cases and attempted fraud in a special register, taking all necessary measures to minimize fraud and discourage attempted fraud in the money transfer system.
11.5. If the Provider identifies the existence of fraudulent schemes within the Remittance System that may harm the interests of the Users of the Remittance Services, it shall inform the Payer of the characteristics of the fraudulent schemes to prevent the Payer from being involved in such schemes, such as making advance payments/transfers of money, transferring money to persons unknown to the Payer, sending a copy of the document confirming that the Remittance was made to persons unknown to the Payer.
11.6. The Provider ensures the availability in its direct subdivisions, the publication on the official website and the updating, as changes occur, of the conditions of execution of the Remittance through the remittance system chosen by the Payer.
- HOW THE PAYER/BENEFICIARY SHOULD SUBMIT COMPLAINTS ABOUT THE REMITTANCE SERVICES.
- The Provider receives, registers, and examines the complaints regarding the sending/release of the Remittances with the use of the Remittance Systems in which it participates via the Customer Support Service at the following telephone number: 444 or the e-mail [email protected] or in writing sent to the Provider's office.
- PROCESSING OF PERSONAL DATA
13.1. The User's personal data are processed in accordance with the Privacy and Personal Data Protection Policy adopted by "MOLDCELL" S.A. and published on the website www.moldcell.md.
13.2. The Provider notifies the User that the purposes of the personal data processing, including those with an identification function, are as follows:
a) to provide the "Remittance" Services
b) to send commercial communications (direct marketing) and for market research, directly or through companies specialized for this purpose
c) For the creation of databases and their use in connection with the provision of the services covered by these Rules.
d) For transmission to authorities or legally constituted private entities to identify, assess and prevent the fraud risk and preventing and combating money laundering and terrorist financing.
13.3. The Provider may transfer the personal data to entities in countries that ensure an adequate level of protection of personal data, subject to the legal provisions in force.
13.4. The Provider informs the User that he/she has the rights provided for in the legislation in force on the protection of personal data, namely the right to information, the right of access, the right to intervene on the data, and the right to object, which he/she may exercise through a written request addressed to the Provider.