Decree No. 274 / 2011 Coll.
Decree on the implementation of certain provisions of the Act on the circulation of banknotes and coins
Valid
Order
Effective from 23.09.2011
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274
DECLARATION
of 5 September 2011
implementing certain provisions of the Act on the circulation of banknotes and coins
The Czech National Bank provides pursuant to § 35 of Act No. 136 / 2011 Coll., on the circulation of banknotes and coins and amending Act No. 6 / 1993 Coll., on the Czech National Bank, as amended to implement § § 7 (7), § 8 (3), § 10 (5), § 11 (3), § 12 (6), § 14, § 17 (1), § 18 (2), § 21 (5), § 23 (3) and § 33 (7):
INTRODUCTORY PROVISIONS
Subject matter
This decree provides
(a) the number of domestic banknotes and coins in connection with the requirement for their packaging and the method of packaging (Section 7 (7) of the Act on the circulation of banknotes and coins and amending Act No. 6 / 1993 Coll., on the Czech National Bank, as amended, hereinafter referred to as "the Act"),
(b) domestic banknote and coin processing standards (Section 7 (7) of the Act);
(c) a description of the rate of wear and damage to domestic banknotes and coins unfit for circulation and the way in which they are transferred to the Czech National Bank (Section 8 (3) of the Act),
(d) the procedure for the detention of suspected banknotes and coins and non-standard damaged domestic banknotes and coins, the formalities for the confirmation of their detention and the procedure for their surrender to the Czech National Bank (Sections 9 (3) and 12 (6) of the Act),
(e) the scope of the transaction specification by non-anonymous equipment (Section 11 (3) of the Act);
(f) procedure for the exchange of domestic banknotes which are not whole or whole (Section 10 (5) of the Act),
(g) the conditions under which domestic or foreign banknotes or coins may be reproduced or sold and the subject matter by modification is imitating (Section 14 of the Act);
(h) the model of the application form for authorisation for the processing of domestic banknotes and coins and the content of its annexes, the model of the notification form for the amendment and the content of its annexes (§ 17 (1), § 18 (2) of the Act),
(i) the way in which the requirements of the credit institution's management and control system for treasury operations and processors of domestic banknotes and coins in the field of the processing of domestic banknotes and coins are met (Section 21 (5) of the Act);
(j) the scope, structure, form, manner and time limits of the submission of information on the places in which domestic banknotes and coins are processed, the facilities used for the processing of domestic banknotes and coins, the changes in such devices and the processing of domestic banknotes and coins (Section 23 (3) of the Act);
(k) the types and content of courses, the content of the final tests, the organisational and technical conditions for the organisation of courses by the person responsible and the requirements of the certificate (Section 33 (7) of the Act).
PACK OPPORTUNATES AND MINUTES
(1) The procedures set out in the contract concluded between the payer and the Czech National Bank or credit institution shall apply when domestic banknotes and coins are transferred to the Czech National Bank or to a credit institution. Where there are no such contracts, the procedures referred to in paragraphs 2 to 4 shall apply.
(2) If the quantity of domestic banknotes transmitted exceeds 100 head of the same denomination, the payer shall pool them in a way that does not damage the banknotes in 100 pieces in packages. If the quantity of domestic banknotes transmitted exceeds 1 000 units, the payer shall pool them in volumes of 1 000 units in 10 packages.
(3) If the quantity of domestic coins passed to a nominal value of CZK 5 000 is exceeded, the payer inserts them in 1 000 pieces per bag according to their nominal value. If the quantity of domestic coins transmitted exceeds 500 units from the nominal value of CZK 10, the payer shall insert them in bags of 500 pieces according to their nominal value.
(4) Where national banknotes and coins are transmitted at the same time, the payer shall indicate the number of pieces of each denomination and the aggregate amount.
STANDARDS OF PROCESSING OF TERM BANKNOTES AND MINES
Processing methods
(1) Domestic banknotes and coins may be processed manually or mechanically.
(2) Manual processing means processing carried out by a person holding a certificate of completion of a course on the recognition of banknotes and coins suspected of falsification or alteration in accordance with § 33 (3) (a) or (b) of the Act or the Foreign Exchange Act.
(3) Machine processing means processing into domestic banknote and coin processing equipment (hereinafter referred to as "equipment") complying with the conditions set out in Sections 4 and 5. The processing of domestic banknotes and coins sorted by equipment for their unfairness, invalidity or insuitability for further circulation shall be by hand processing in accordance with paragraph 2.
Processing obligations
(1) The Czech National Bank, the credit institution carrying out cash operations and the processor of domestic banknotes and coins (hereinafter referred to as "the obliged entity") in manual processing
(a) verify the number, authenticity and validity of domestic banknotes and coins, using tools to facilitate the identification of the security features of domestic banknotes and coins;
(b) classify and physically separate domestic banknotes and coins by denomination and genuine and valid domestic banknotes and coins from domestic banknotes and coins suspected or invalid;
(c) assess the suitability of domestic banknotes and coins for circulation in accordance with Sections 6 and 7, with the possibility that they may be classified as unfit for circulation as well as domestic banknotes and coins worn and damaged below a specified level, provided that wear or damage can be identified by the naked eye; and
(d) classify and physically separate domestic banknotes and coins suitable for circulation and domestic banknotes and coins unfit for circulation.
(2) The assists referred to in paragraph 1 (a) are at least instruments and apparatus used for optical magnification, to display elements visible in the ultraviolet and infrared areas of the light spectrum or to determine the authenticity of banknotes and coins on the basis of these elements.
(3) The mandatory person uses individual equipment or their assembly in machine processing which:
(a) verify the number, authenticity and validity of domestic banknotes and coins;
(b) classify and physically separate domestic banknotes and coins according to their denominations and genuine and valid domestic banknotes and coins from suspected or invalid domestic banknotes and coins;
(c) verify the suitability of domestic banknotes and coins for circulation in accordance with Sections 6 and 7; and
(d) classify and physically separate domestic banknotes and coins suitable for circulation and domestic banknotes and coins unfit for circulation.
During machine processing, equipment or assembly of equipment successfully tested by the Czech National Bank shall be used as a device meeting the processing standards.
DESCRIPTION OF THE MEASUREMENT AND IMPROVEMENT OF THE TERM BANKNOTES AND MINES NOT APPLICABLE TO OTHER CIRCUMSTANCES AND THE METHOD OF THEIR TRANSMISSION OF THE CZECH NATIONAL BANK
Description of the rate of wear and damage to domestic banknotes unfit for circulation
(1) A domestic banknote which is unfit for circulation shall be considered as unfit for use in manual processing.
(a) it is dirty;
(b) is described, painted, reprinted, printed, dyed, discoloured, damaged by hygienically defective material;
(c) it is burnt or rendered;
(d) is perforated through at least one visible opening;
(e) is damaged by an anti-theft device;
(f) is composed of 2 or more parts;
(g) not whole,
(h) is torn,
(i) the stiffness has been lost typical of banknote paper; or
(j) is crumpled and even after manual processing its surface is not flat.
(2) A domestic banknote which is unfit for circulation shall be considered as unfit for use in machine processing, which:
(a) it is soiled in such a way as to make it impossible to identify the currency, denomination, authenticity or validity;
(b) it is described, painted, reprinted, printed, dyed or discoloured, or damaged by hygienically defective material and the damage to the banknote covers at least 10 mm x 10 mm of unprinted area or at least 15 mm x 15 mm of its printed area;
(c) it is burnt or rendered;
(d) is penetrated on a surface of more than 10 mm2;
(e) is damaged by an anti-theft device;
(f) is composed of 2 or more parts;
(g) is not whole and the missing part is at least 6 mm in length or 5 mm in width;
(h) is torn and the tear is greater than 4 mm in width and 8 mm in length in vertical direction or 4 mm in width and 15 mm in length in horizontal direction or 4 mm in width and 18 mm in length in diagonal direction, measured after the segment leading from the top of the crack to the edge of the domestic banknote from which the crack originates, and holding a right angle with the crack,
(i) the stiffness of the banknote paper is lost;
(j) is wrinkled or bent and, as a result of an overthrow, the banknote is reduced by at least 6 mm in length or by at least 5 mm in width; or
k) has a bent corner of more than 130 mm2 and the length of the shorter edge is greater than 10 mm.
(3) A domestic banknote not suitable for further circulation shall also be considered as unfit for machine or manual processing, which shows other serious deviations for which it cannot pass through the device or is detected for authenticity, validity or suitability for further circulation.
Description of wear and damage rates of domestic coins unfit for circulation
(1) A coin which is unfit for further circulation shall be considered as a domestic coin for manual processing.
(a) is soiled in such a way as to make it impossible to identify the currency, denomination, authenticity or validity;
(b) it is not whole,
(c) has an illegible pattern or relief, has a deformed shape, is cut or perforated or is made of multiple parts and these parts are separated;
(d) is damaged by an anti-theft device; or
(e) is worn, corroded, soiled or otherwise worn or damaged in such a way as to prevent its smooth use in cash circulation, in particular the determination of authenticity and validity.
(2) A domestic coin which, in addition to the characteristics referred to in paragraph 1, shows other serious variations for which it cannot pass through or be detected as authenticity, validity or suitability for further circulation shall also be considered as unfit for further circulation.
Method of transmitting domestic banknotes and coins unfit for circulation to the Czech National Bank
(1) A credit institution carrying out a cash operation transfers domestic banknotes and coins in circulation and normally damaged to the Czech National Bank
(a) by entering into an account held in the Czech National Bank together with domestic banknotes and coins suitable for circulation, unless it is apparent from the damage to the banknotes or coins that the damage will cause problems in their machine processing, for example if the banknotes are glued, incomplete or glued; such banknotes or coins shall be presented separately in a package marked "CURRENTLY INTENDED BANKS AND MINES NOT APPLICABLE TO MACHINERY PROCESSING 'and shall not be glued to the grid in accordance with § 12; or
b) exchange at the ticket office of the Czech National Bank for domestic banknotes and coins suitable for further circulation.
(2) The processor of domestic banknotes and coins is delivering domestic banknotes and coins in circulation and normally damaged to the Czech National Bank
(a) through a credit institution carrying out cash operations by entering into an account held in a credit institution carrying out cash operations or by exchange at the cash office of a credit institution carrying out cash operations for domestic banknotes and coins suitable for circulation; or
b) exchange at the ticket office of the Czech National Bank for domestic banknotes and coins suitable for further circulation.
(3) A legal person other than those referred to in paragraphs 1 and 2 and an exchange agent shall transmit to the Czech National Bank domestic banknotes and coins in circulation and normally damaged
(a) through a credit institution performing cash transactions by entering into an account held in a credit institution performing cash transactions or by exchange at the cash office of a credit institution performing cash transactions for domestic banknotes and coins suitable for circulation;
(b) in exchange for domestic banknotes and coins suitable for circulation at the ticket office of the Czech National Bank; or
(c) through the processor of domestic banknotes and coins.
PROCEDURES FOR SUPERVISORY BANKNOTES AND MINES AND NON-STANDARDARDIES OF THE TERM BANKNOTES AND MINES, IMPLEMENTATION OF THEIR SUPERVISORY BANKNOTES AND PROCEDURE IN THEIR TRANSMISSION OF THE CHEN NATIONAL BANKING
Procedures for the retention of suspicious banknotes and coins and non-standard damaged domestic banknotes and coins
(1) Confirmation of the detention of suspected banknotes or coins shall include:
(a) identification details of the person who has submitted suspicious banknotes or coins (hereinafter referred to as "the petitioner"), the name or names, surname, date of birth and nationality, if any, and the natural person, and the company or name of the petitioner, if the person is legal;
(b) the address of the petitioner's permanent residence or the address of his long-term or permanent residence in the Czech Republic, if any, if it is a natural person, and the address of the petitioner, if it is a legal person; if the petitioner does not have an address for long-term or permanent residence in the Czech Republic or if it can reasonably be assumed that his residence in the Czech Republic will be terminated within 3 weeks of the detention of suspicious banknotes or coins, the address of the permanent residence or, where appropriate, the address of the petitioner abroad shall be indicated,
(c) the type and number of the document under which the identity of the supplier has been established;
(d) the currency and denomination of the suspected banknote retained and its series and the number or currency and the nominal value of the suspected coin retained and the year of its embossing, the number of pieces of each species and the denominations of the suspected banknotes or coins retained and the aggregate amount;
(e) the location and date of detention of suspicious banknotes or coins;
(f) identification details of the person who has detained the suspected banknotes or coins (hereinafter referred to as "the holder"), the name or names, the surname and address of the permanent residence, if any, if any, and the natural person, and the business name or registered office of the holder, if the person is legal;
(g) the circumstances in which suspected banknotes or coins have been detained; and
(h) the signatory's signature, if a certificate is present.
(2) At the request of the petitioner, the holder shall indicate on the receipt of the suspected banknotes or coins the account number to which the amount corresponding to the nominal value of the suspected banknotes or coins retained may be transferred if it appears that the banknotes or coins are genuine.
(3) The holder shall indicate "suspicious banknotes or coins" on the certificate of detention.
(4) The retained suspect banknotes or coins shall be entered by the holder together with a copy of the certificate of detention in an envelope or other appropriate packaging which shall be provided in an appropriate manner before unauthorised opening. The presenter, if present, shall confirm his presence when the suspected banknotes or coins are retained in the packaging by means of a handwritten signature via the overlay of the package. The holder also attaches his signature over the cover cover. If the subcontractor refuses to sign, the holder shall state that fact. In this way, suspicious banknotes or coins will be handed over to the Czech National Bank. The second copy of the certificate of detention of suspicious banknotes or coins shall be transmitted by the holder to the sender.
(5) If the petitioner is not known, refuses to enter any of the required data or confirm his or her presence when holding suspect banknotes or coins in the package, the holder shall indicate this on the certificate of detention of suspect banknotes or coins.
(6) The model of the certificate of detention of banknotes or coins referred to in paragraph 1 shall be as set out in Annex 1.
(7) Where non-standard domestic banknotes or non-standard domestic coins ("non-standard domestic banknotes or coins') are detained, paragraphs 1 and 4 to 6 shall apply mutatis mutandis:
(a) at the request of the petitioner, the holder shall indicate on the certificate of detention of non-standard damaged domestic banknotes or coins the account number to which the amount corresponding to the nominal value of the detainees of non-standard damaged domestic banknotes or coins may be transferred, if the Czech National Bank provides compensation for them; and
(b) the holder shall indicate on the certificate of detention of non-standard damaged domestic banknotes or coins the text "non-standard damaged domestic banknotes or coins."
Special provisions for the retention of suspicious banknotes in non-anonymous devices
Article 9 shall apply mutatis mutandis to the retention of suspicious banknotes in non-anonymous devices, provided that:
(a) indicate the place where the non-anonymous device is operated as the place of detention;
(b) indicate the date of the transaction as the date of detention;
(c) determine the identity of the card holder or, if this is not possible, the account holder, and indicate him as the suitor; and
(d) record on the certificate the type, model and serial number or other appropriate identification number of the non-anonymous device.
Result of expert assessment and procedure in case of authenticity of suspected banknotes or coins seized
(1) The representative shall inform the promoter of the outcome of the expert assessment at his request.
(2) If the Czech National Bank finds that the suspected banknotes or coins are genuine, it shall inform the holder of the result.
PROCEDURES FOR EXCHANGE OF TERM BANKNOTES WHICH ARE NOT ALL OR WHOLE
The total area of less than a domestic banknote shall be determined by attaching to a grid which divides the area of the banknote by the same number of vertical and horizontal lines into 100 equal fields. Compensation for less than a domestic banknote shall be granted if:
(a) at least 51 boxes of the grid are covered by more than half and at the same time the total area of less than 50% of the banknote; or
b) 50 boxes of the grid are covered 100% and at least a further box is covered in part.
CONDITIONS UNDER WHICH THE REPRODUCTION OF THE TERM OR FOREIGN BANKNOTES OR MINES AND THE SUBJECT MATTER OF THE ADJUSTMENT IS SUBJECT
Reproduction of the banknote
(1) To produce a tangible reproduction of a domestic or foreign banknote or to produce an object which imitates the domestic or foreign banknote by modification ("imitation"), if:
(a) one-sided and its length, while maintaining the ratio of the parties, shall not exceed 75% of the length or at least 125% of the length of the banknote reproduced or reproduced;
(b) double-sided and its length, while maintaining the ratio of the parties, shall not exceed 50% of the length or at least 200% of the length of the banknote reproduced or imitated;
(c) one-sided, if its longer and shorter sides form an angle of less than 70 degrees or more than 110 degrees; or
(d) made of material not interchangeable with the material from which the banknote is reproduced or imitated.
(2) A physical reproduction or imitation of parts of a domestic or foreign banknote may be made if they are unilateral and do not exceed 33% of the area of the banknote in such a way that it is not possible to assemble from each part the whole of the reproduced or imitation banknote in contravention of the conditions laid down in paragraph 1.
(3) A physical reproduction of a single graphic item of a domestic or foreign banknote may be made if such graphic item is not shown in the background resembling the banknote on which it appears.
(4) Intangible reproduction or imitation of a domestic or foreign banknote may be made if, while maintaining the banknote size, it has a resolution of not more than 72 image points per inch (dpi) and is provided diagonally in a stratum inseparable from the banknote display by the inscription "Specimen" made in an opaque colour of at least 75% of the longer side of the banknote and by a height of not less than 15% of the shorter side of the banknote or by another inscription of the same size with similar meaning.
(5) Intangible reproduction or imitations shall not be regarded as intangible material intended and used only for the manufacture of tangible reproduction or imitation under the conditions laid down in paragraph 1.
Coin reproduction
To make a reproduction of a domestic or foreign coin or to produce an object which by modification imitates a domestic or foreign coin can only be made of material unmistakable with the material from which the reproduced or imitated coin is produced or as an intangible display.
Unmistakable material
(1) In the case of a banknote, unmistakable material means material other than paper or plastic.
(2) In the case of a coin, unmistakable material shall mean metal in a colour different from that from that from which the reproduced or imitated coin is produced, where a product made of such a colour different metal cannot, due to its physical and chemical characteristics, be used instead of coins in an anonymous or non-anonymous device and material other than metal.
MODELS OF FORMULA AND REQUIREMENTS FOR MANAGEMENT AND CONTROL SYSTEMS IN THE FIELD OF THE PROCESSING OF TERM BANKNOTES AND MINUTES
(1) An application for authorisation for the processing of domestic banknotes and coins shall be made on a form the model of which is set out in Annex 2.
(2) The application referred to in paragraph 1 shall be accompanied by the annexes to the following content:
(a) the original or an officially certified copy of the extract from the commercial register containing the information in force at the time of the application, including information on the application for registration, which was not made at the date of the application, including the complete extracts, or documents from similar registers abroad;
(b) proof of the integrity of the person who is the statutory authority of the applicant, the member of the statutory authority of the applicant, the actual owner of the applicant and the person who will manage the applicant's business. The proof of integrity shall be the proof of a similar extract from the Register of Penalties, not earlier than 3 months old, issued by a foreign State to which a natural person is a citizen and by a foreign State in which a natural person has been continuously present for more than 6 months in the last 3 years,
(c) a list of the establishments operated or their assemblies meeting the processing standards, including the types of establishments and the number of installations operated and the addresses of the places where the establishments are operated;
(d) draft internal rules governing the management and control system for the processing of domestic banknotes and coins.
The processor of domestic banknotes and coins shall make a notification of the change to the data referred to in Article 18 (1) of the Act using the form set out in Annex 3 to this Decree. The notification shall include the annexes referred to in Article 16 (2) to these amendments.
Requirements for the credit institution's management and control system for treasury operations and processors of domestic banknotes and coins in the field of domestic banknotes and coins processing
The credit institution and the processor of domestic banknotes and coins shall ensure that the management and control system includes:
(a) the establishment and maintenance of a functional and effective organisation including separation of incompatible activities and the prevention of potential conflicts of interest;
(b) ensuring the protection of domestic banknotes and coins against theft, damage or destruction;
(c) keeping records of domestic banknotes and coins entrusted to processors of domestic banknotes and coins for processing;
(d) the definition of liability for the values entrusted;
(e) domestic banknote and coin processing processes;
(f) procedures for carrying out individual activities, including the operation of technical installations;
(g) internal control system;
(h) emergency and crisis plans; and
(i) security principles for information systems.
SCOPE, STRUCTURE, FORM, METHOD AND PERIOD OF PROVISION OF INFORMATION ON ESTABLISHMENTS AND PROCESSING OF TERM BANKNOTES AND MINES
Time limits for the provision of information on installations
(1) A credit institution carrying out a cash operation announces to the Czech National Bank 30 days before the start of processing a list of the facilities operated or their sets meeting the processing standards.
(2) The credit institution carrying out the cash operation and the processor of domestic banknotes and coins shall notify the Czech National Bank of any changes to the facility or its assemblies not later than the end of the calendar month in which the changes took place.
Information on the processing of domestic banknotes and coins
(1) The credit institution carrying out the cash operation announces to the Czech National Bank the number
(a) processed domestic banknotes and coins, with the exception of domestic banknotes and coins processed in bulkheads, broken down by method of processing domestic banknotes and coins into processed machines or by hand;
(b) unprocessed domestic banknotes and coins transmitted for processing to processors of domestic banknotes and coins or to other credit institutions performing cash transactions; and
(c) domestic banknotes and coins returned to circulation by non-anonymous devices, broken down by method of processing domestic banknotes and coins returned to processed
1. non-anonymous equipment,
2. a credit institution carrying out treasury operations;
3. Czech National Bank,
4. processors of domestic banknotes and coins; or
5. another credit institution carrying out treasury operations.
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Regulation Information
| Citation | Decree No. 274 / 2011 Coll., on the implementation of certain provisions of the Act on the circulation of banknotes and coins |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 23.09.2011 |
|---|---|
| Effective from | 23.09.2011 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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