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Banks began to block the cards of alleged speculators

Banks, in accordance with the instructions of the Central Bank, began to restrict or block the cards of citizens who could potentially carry out speculative purchases of goods for the purpose of resale. Some retailers' current restrictions on buying scarce items mean that they are sold in multiple checks, so almost anyone who buys goods for future use can be blacklisted.

The Association of Russian Banks confirmed that its members began to follow the Central Bank's recommendations received in mid-March on "bulk purchases" for the purpose of speculation. Citizens' cards are turned off after transactions "where purchase for resale is obvious."

The Central Bank introduced this instruction as part of the “anti-money laundering” law 115-FZ. The regulator demanded to pay increased attention to transactions related to "non-standard behavior" of the client, anomalies in transactions, changes in the nature of consumer spending and investment. “For example, an increase in the volumes and uniformity of transactions related to the purchase of goods, which is uncharacteristic for a private consumer, which may indicate the purchase of goods for subsequent resale,” the Central Bank said in a letter.

As a rule, now customer cards are blocked precisely for the “same type of transactions”, which many retailers have introduced in recent weeks in response to rush demand. But local sellers often get around the restrictions by selling the right amount of goods to one hand, but with different receipts. If you pay for everything with a card, then there is a risk of getting blocked.

Since the letter of the Central Bank does not contain clear criteria for "speculative transactions", themselves determine who and according to what rules to classify as speculators.

So far, restrictions have not become systemic, including because only a limited number of players have access to information about specific purchased goods.

It is usually obtained from fiscal data operators (FDOs). In Russia, these are OFD.ru, OFD Platform (controlled by Sberbank), First OFD (controlled by VTB Group). However, Sberbank and VTB have not confirmed whether they receive information from their OFDs and use it to block customers.

There is also a joint project between the NSPK and one of the OFDs, under which about ten banks, including Tinkoff, can receive data on information in checks, while the rest of the banks see only information about the point of the operation and the amount.

According to an industry source, many banks are skeptical about the idea of ​​the Central Bank and do not want to block customers on such controversial grounds.

However, the Central Bank itself is confident that conscientious citizens will not be affected by the restrictions: “We are talking about abuses - large amounts and the number of transactions performed in a short period of time. This may indicate that the ultimate goal of such transactions is the purchase of goods for further resale, which may create increased risks in the current situation.”

According to the law, if the client does not agree with the bank's decision to suspend the operation or refuse to open an account, he can use the rehabilitation mechanism. If the bank does not change its decision, then the person can apply to the interdepartmental commission at the Bank of Russia.

However, problems with the blacklist have already arisen. Those who got into it faced the fact that other credit organizations refused to accept them for service and blocked transfers of their clients to companies from the list.

According to data for 2020, since the launch of the two-level rehabilitation mechanism, banks have canceled more than 53,000 refusals, and over 24,000 customers have been excluded from the black list. However, the number of citizens who got there is many times greater, and the exact data is not disclosed.

Lawyers confirm that ordinary citizens can suffer from such methods of struggle. “115-FZ was originally intended to fight criminals and terrorists. Now its evolution has come to the fight against speculators, and all the criteria for classifying clients in this category remain solely at the discretion of the bank,” says Dmitry Shevchenko, managing partner of Zamoskvorechye Law Firm. The head of the agency "Korchago and Partners" Yevgeny Korchago confirms that those who are purchased for future use may suffer. According to him, it is important that the regulator “clarifies the definition in this recommendation”, since in such situations it is impossible to provide the necessary supporting documents, unlike entrepreneurs who can justify the purchase of a large amount of goods.

A source in one of the banks offers an argument about the one-time purchase: “It can convince the bank or the regulator that the goods were bought for personal purposes.”

In October 2021, as part of the fight against illegal payments, the Bank of Russia unofficially recommended banks to reduce the volume of card-to-card transfers as much as possible. The Central Bank also requested data from banks on identifying dropper operations when transferring funds from card.In December, it was reported that the State Duma was preparing a bill on a list of droppers who would not be able to transfer money online, but would have to do it only with a passport at a bank branch.

In the same month, the Central Bank warned banks that it would request information about all transactions of individuals, including personal data of recipients and senders.

In early February, it was reported that in the government’s roadmap for regulating cryptocurrencies, the Central Bank was tasked with ensuring that by November, banks would strengthen control over the monetary transactions of their clients: promptly identify suspicious accounts and constantly monitor transactions.

Banks began to block the cards of alleged speculators