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Content View Hits : 5361| Newsletter Second Quarter 2009 |
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LAW OF MONGOLIA ON MAKING PAYMENTS AND SETTLEMENTS IN NATIONAL CURRENCY 9 July 2009 The State Palace, Ulaanbaatar city CHAPTER ONE GENERAL PROVISIONS Article 1. Purpose of the Law 1.1 The purpose of this Law is to regulate relations with respect to expressing prices of goods, works and services and making payments and settlements in national currency on the territory of Mongolia. Article 2. Laws and regulations on making payments and settlements in national currency 2.1 Laws and regulations on making payments and settlements in national currency shall consist of the Constitution of Mongolia, the Law on Central Bank /Mongolbank/, the Law on Currency Regulations, this Law and other laws, regulations and acts which were adopted in line with them. 2.2 If an international treaty to which Mongolia is a Party is inconsistent with this Law, then the provisions of the international treaty shall prevail. Article 3. Definitions of the Law 3.1 Following terms in this Law shall have following meanings: 3.1.1 “territory of Mongolia” means land area of Mongolia except free economic zone, and locations of foreign countries’ diplomatic representative and consul offices in Mongolia; 3.1.2 “national currency” means togrog – the legal payment instrument issued to transaction by the Mongolbank, and it shall be written “Togrog” in English and its abbreviation is “MNT”; 3.1.3 “official rate of the Mongolbank” means the announced rate calculated by the Mongolbank based on total sum and rate of foreign currency noncash exchanges that was made between banks and between organizations or citizens and banks; 3.1.4 “foreign currency” means foreign banknote or currency of foreign country; 3.1.5 “foreign banknote” means foreign banknote – a legal payment instrument issued to transaction by authorities of other countries than Mongolia; 3.1.6 “currency of foreign country” means securities and other payment instruments which will be expressed by, and aid by a currency of foreign country that is used in payments of inter-country trade, economic and financial relations; 3.1.7 “calculation unit” means an expressed price proposal where prices of goods, works and services to be exchanged in connection with the togrog exchange rate to foreign currency. CHAPTER TWO PAYMENTS AND SETTLEMENTS TO BE MADE IN NATIONAL CURRENCY Article 4. Consumption of national currency 4.1 Prices of goods, works and services shall by expressed by, and payments and settlements shall be made in only national currency on the territory of Mongolia and setting prices, making payments and settlements and announcing and promotion in foreign currency, calculation units shall be prohibited without an official consent of the Mongolbank, except as provided in clause 4.4 of this Law. 4.2 Any settlements to be made from the state and local budgets, and to be financed by the budget shall be made in national currency and it shall be prohibited to make these settlements in foreign currency. 4.3 Definitions of amounts of fees, commissions and liability in laws and regulations of Mongolia shall be expressed in only togrog. 4.4 Monetary deposits, loans, any similar services of bank and nonbank financial organizations, a contract to enter in relation to financial derivative instruments and binding obligations under the contract may be expressed, and its performance may be completed in foreign currency. MONITORING ENFORCEMENT OF THE LAW Article 5. Authority to monitor enforcement of the Law 5.1 Banks shall be monitored by the Mongolbank inspector, and legal entities and citizens other than a bank, shall be monitored by the Financial Regulatory Commission inspector. 5.2 The Mongolbank, the State administrative central organization in charge of financial issues and the Financial Regulatory Commission may jointly inspect according to their decision. Article 6. Sanctions for violation of the Law 6.1 Following administrative sanctions shall be imposed to a person who violated clauses 4.1-4.3 of this Law if a criminal sanction does not apply: 6.1.1 demand to remedy the violation and revenue generated shall be confiscated to the state budget; 6.1.2 if the violation as provided in clause 6.1.1 of this Law is not remedied, a citizen shall be fined by the amount of togrog that equals to 10-30 times of minimum wage, a legal entity shall be fined by the amount of togrog that equals to 50-100 times of minimum wage within the period until the violation is remedied or a claim shall be submitted to a court to revoke a right to run business activity; 6.1.3 suspending and revoking a license according to Articles 13 and 14 of the Law on Special Permits of Business Activities if a legal entity having a license did not comply with requirements repeatedly put by an authority regarding remedy of the violation. 6.2 A court shall accept a claim as set out in clause 6.1.2 of this Law and resolve it. Article 7. Coming into effect 7.1 This Law shall be effective from the date of adoption. DEMBEREL. D, SPEAKER OF THE STATE GREAT HURAL OF MONGOLIA |




