ACT OF LEGISLATIVE CONTENT:

Transcription

1 ACT OF LEGISLATIVE CONTENT: Emergency regulations regarding restrictions on cash withdrawals and capital transfers (Government Gazette Α 84, ), as amended (Government Gazette Β 1561/ ) Q&A 1. What changes does the new Act of Legislative Content bring into force? As of Monday, 20 July 2015, the bank holiday has been revoked and all bank branches are open for the public. In addition, by virtue of the new Act of Legislative Content all banking operations are allowed with the exception of those that are expressly forbidden pursuant to the said Act of Legislative Content. 2. Can I withdraw cash? YES, you can withdraw cash from a branch or an ATM but the maximum amount is 60 daily per depositor per bank. However, you can transfer your 60 daily limit to a subsequent day, though this should be no later than the end of the week (Saturday Friday). In other words, every week the beneficiary may withdraw up to 420 in cash. 3. Can I withdraw cash in foreign currency from a branch? YES, you can take out up to the equivalent of the 60 daily limit in foreign currency (on the basis of the applicable daily foreign exchange rate). Again, the daily limit may be transferred to a subsequent day but no later than the end of the week. 4. Can I deposit cheques? YES, the deposit of bank and personal cheques is allowed, but only when the proceeds are credited to a bank account. It is not allowed to redeem cheques for cash. 5. Can I access my safe deposit box? YES, you can access your safe deposit box, either by following the usual procedure (i.e., on a time-queue basis) or having arranged beforehand to do so with your bank. Member banks of the Hellenic Bank Association have already made relevant announcements regarding procedures. 6. Can I use my debit card for cash withdrawals abroad? YES, subject to the daily and/or weekly maximum cash withdrawal limit applicable in Greece. 1

2 7. Can I use my credit or prepaid card for cash withdrawals in Greece and abroad? NO, this transaction is not allowed. 8. Can I use my credit, debit and/or prepaid card for purchases in Greece? YES, credit, debit and prepaid cards can be used normally for purchases of goods and services in Greece, up to the limit specified in your agreement with the bank. 9. Can I use my credit or debit card for purchases abroad? YES, if you re abroad and the transaction can be carried out using a card, you can use your cards for the purchases of goods and services abroad: up to the amount specified in your agreement with the bank, and subject to the daily limit authorized for each bank by the Banking Transaction Approval Committee. 10. Can I use my credit, debit and/or prepaid card for online shopping? YES, without restrictions, provided that the online stores hold an account with a bank that operates in Greece. If the online stores work with a bank outside Greece, you can use your cards: up to the limit stipulated in your agreement with your bank, subject to the daily limit authorized for each bank by the Banking Transaction Approval Committee, and for the following specific kinds of transaction: 1. Purchases of airline tickets. 2. Payment of hotel bills. 3. Car rentals. 4. Travel and transport payments. 5. Payment of digital music content and app providers. 6. Payment of subscriptions, for membership or renewing membership of professional associations (e.g., law and medical associations) and/or for scientific/academic and similar journals and publications. 7. Payment for educational services (tuition fees/ halls of residence/ library subscriptions, etc.). 8. Payment of insurance, medical and pharmaceutical expenses. 11. If I lose my card or if my card is stolen or for any other reason I cannot carry out a transaction with my card, what can I do? You have to declare the loss of your card to the bank. To have your new card issued you will have to contact the relevant service. 12. Can I open a new account? NO, unless the opening of the new account is required within the context of the following transactions, the necessity of which has to be documented in writing and on condition that you do not hold with the bank another account via which such transactions could be carried out payroll payment, including the issue and payment of employer s contributions. payment of depositor's obligations to the bank, as such derive from contracts entered into prior to 28 June payment of new pensions and new welfare benefits, clearing of transactions on cards under new acquiring agreements, 2

3 servicing of newly established (i.e. after 1 May 2015) legal entities, servicing of startups participating in schemes aimed at supporting new entrepreneurship, cash deposit as cash collateral for a letter of guarantee, documentary credit or loan to the same bank, opening of an account in favor of a third party either in order to comply with an order for the execution of a financial claim on the basis of a payment order, court judgement or other enforceable deed, or in order to pay a claim, within the context of which a garnishment has been issued in favor of the beneficiary of the claim, unless the same has declared a deposit account by means of any legal measure. credit of sums in euro or foreign currency from abroad, amounting to at least 10,000 or the equivalent in foreign currency, acceptance of a time deposit only in the event that its beneficiaries are identical with the beneficiaries of the existing feeder account, whether deposit or sight. any other case, upon approval by the Banking Transaction Approval Committee. 13. Can I add a beneficiary to one of my existing deposit accounts? NO, this specific banking option is not allowed. 14. Can I repay my loan early? Early, partial or full repayment of your loan can only be effected by making a cash deposit or transferring funds (by wire transfer) from abroad. 15. Can I ask for early redemption of my time deposit? NO, unless the early redemption is carried out to repay equivalent obligations for: dues to the Greek State and insurance bodies, current installments and dues in arrears to the same bank, payroll payment through the same bank, payment of hospitalization costs and tuition fees in Greece and abroad, payment of suppliers who hold an account with the same bank, against invoices or equivalent documentation, on condition that the balances of other deposit or sight accounts do not suffice. 16. I own a business and I wish to start carrying out transactions using credit, debit and prepaid cards. Can this be done? YES, provided that you enter an agreement with a bank, payment institution and/or e-money institution operating in Greece. In this case you are allowed to open a new account for the clearing of card transactions on the basis of this new agreement. Conversely, you cannot enter into agreements for accepting card payments if the clearing of such payments is done by crediting the account of a merchant that is held with a bank, payment institution and/or e-money institution outside Greece. 17. My business carries out transactions using credit, debit and prepaid cards. When will my account be credited? The clearing of transactions using payment cards, whether Greek or foreign, is carried out by crediting your firm s account pursuant to the provisions of the relevant agreement you have signed. 3

4 18. Can my business refuse to conduct transactions using cards? NO, because pursuant to the Act of Legislative Content anyone who refuses payment by credit, debit and prepaid cards is subject to heavy legal penalties under: Articles 288, par.1 and 452 of the Penal Code, Article 13a, Law 2251/1994 (Α 191), Article 18a, Law 146/1914 (Α 21), and Article 19, Law 4177/2013 (Α 173), as applicable. 19. Can credit and debit cards of foreign banks be used normally? Credit and debit cards of foreign banks that have been issued abroad can be used both for purchases of goods and services and for cash withdrawals without restrictions, within the limits specified in your agreement with the issuing bank. 20. Can I transfer funds from abroad? YES, the transfer of funds from accounts held with a foreign bank to an account held with a bank operating in Greece is allowed. 21. Can I transfer funds out of the country? NO, unless such money transfers are included in the exceptions processed daily by the Banking Transaction Approval Committee and are granted special permission. The Banking Transaction Approval Committee is the competent body for deciding on those cases where a remittance or money transfer overseas is allowed. Customers should submit their requests for such fund transfers to their bank. The bank will then file the request with the Banking Transaction Approval Committee, which will approve in full or in part the requested amount if the said transactions are deemed necessary and sufficiently justified. 22. How can I pay hospitalization and medical expenses? Payment of hospitalization and medical expenses can be effected without the approval of the Banking Transaction Approval Committee under the following conditions: the required supporting documents are presented to the bank performing the transaction, and the respective amount of money covering the hospitalization and medical expenses is transferred into a bank account held by the medical institution and not the beneficiary himself. In addition, it is possible to withdraw a maximum lump-sum of 2,000 or its equivalent in foreign currency and transfer the amount abroad for an accompanying person of someone who is going abroad for hospitalization, on condition that documentation is supplied evidencing the need to go abroad for the said purpose. 23. How can I pay the tuition fees of an educational institution abroad? The payment of tuition fees can be effected without the approval of the Banking Transaction Approval Committee under the following conditions: the required supporting documents are presented to the bank performing the transaction, and the respective amount is transferred to a bank account held by the educational institution and not the beneficiary himself. Furthermore, the transfer of the maximum amount of 5,000 or the same amount in foreign currency, per calendar quarter, in total, is allowed for accommodation and living expenses for students studying abroad or participating in student exchange programs. The payment shall be made to an account held overseas by the student. 4

5 24. Can overseas funds credited to my bank account be transferred anew overseas? YES, in their entirety. However, you cannot withdraw the entire amount transferred from abroad in cash. Such cash withdrawal can be carried out within the daily and/or weekly limit, as above, with the exception of the shipping companies specified in Law 27/1975, 959/1979 and Legal Decree 2687/1953, which can perform cash withdrawals up to the amount of 50,000 daily. By decision of the Banking Transaction Approval Committee, withdrawals and the setting of daily withdrawal limits above and beyond the level generally in force may be allowed also for other kinds of business that fall within the scope of the said provisions. Documentation evidencing the inflow of funds from abroad and then their transfer again out of the country shall be the bank's responsibility and must be full and complete. Banks shall announce the implementation process and time of said service. 25. Is it allowed to take banknotes out of the country? It is allowed to take out a maximum of 2,000 or its equivalent in foreign currency per person per journey abroad. People who are permanently resident abroad are exempted from the 2,000 restriction. Acts of the Governor of the Bank of Greece may set out more specific provisions regarding implementation of this restriction, provide for differentiation for countries in the SCHENGEN area and for countries outside the European Union, and introduce special exemptions for various categories of persons. 26. Is it possible to pay in cash an attachment of a financial claim in the hands of the bank? NO, in the case of an attachment of a financial claim in the hands of the bank, the Bank of Greece or the Deposit and Loans Fund as a third party, the amount can be paid either by issuing a cheque, or by crediting mandatorily an account of the attaching party held in the same or another bank. 27. What is the situation regarding payments for trading purposes overseas (paying for imports)? The Banking Transaction Approval Committee is the body responsible for deciding on those cases where a money transfer overseas is allowed. However, by decision of the Banking Transaction Approval Committee (Government Gazette B 1563/ ), banks have been granted permission to review and assess applications by firms that wish to carry out payments against documents (e.g., invoices, pro forma invoices, bills of lading, etc.), open new documentary credits and standby LCs, and issue new letters of guarantee to their overseas commercial partners in the context of their business activities. The daily limit that banks can authorize per working day is as follows: from 0 to 100,000 per business customer (with one or more daily transactions), and within the limit set and announced by the Committee for each individual bank. The bank s monthly authorization limit for each customer cannot exceed the average monthly value of the merchandise and raw and supplementary materials it imported in the previous business year through the same specific bank. The bank shall be responsible for ensuring that this requirement is met, requesting the customer in question to supply it with all relevant documents and evidence to this end. In any case, applications regarding import payments for commercial purposes shall be submitted, regardless of the amount that the relevant documentation represents, by the businesses concerned to the banks customer service points, in line with the instructions given them. Thereupon, the bank will either process the application by itself or forward a request to the Banking Transaction Approval Committee for approval for all or part of the said amount. Both the banks and the Banking Transaction Approval Committee shall give priority to examining transactions that are necessary for safeguarding the public or social interest, including, for example, imports of pharmaceuticals, foods, raw materials and fuel. 28. Is payment on the basis of bank guarantees allowed? YES, provided that the amount to be paid is deposited in a bank account. 5

6 29. Is the granting of new financing allowed? YES, provided that the requirements posed by relevant legislation and the Bank's corporate credit policy are met. 30. Is the repayment / payment of open loans & credit lines allowed? YES, this is allowed, in accordance with the terms and conditions of your relevant agreement with the bank. 31. Can embassies withdraw cash? It is possible to withdraw cash without restrictions from one account per beneficiary at embassies and members of diplomatic missions in Greece by presenting relevant certification from the respective embassy or a diplomatic passport. 32. Are overseas payroll payments to employees allowed? NO, when the account which is charged for the payroll is held with a bank that operates in Greece and the accounts credited are held with banks abroad. Exempted from this restriction are staff on diplomatic missions, permanent representations or other services of the Greek State. Furthermore, staff on diplomatic missions, permanent representations or other services of the Greek State abroad who hold payroll accounts in a bank that has its registered office and operates in Greece are allowed to transfer the equivalent amount of their pay into an account they hold abroad, by supplying written evidence of their respective work status. 33. Are pension payments abroad allowed for pensioners? YES, payments abroad by social insurance organizations governed by Greek law of pensions and welfare benefits of any kind are allowed, by crediting an account held with a credit institution domiciled and operating outside Greece, on condition that the beneficiary of the pension or welfare benefit received his pension or benefit in this manner prior to the start of the bank holiday declared on 28 June 2015 (Act of Legislative Content A 65). 34. Is it allowed to transfer custodianship abroad? NO, the transfer of custodianship of financial instruments under article 5 of Law 3606/2007 is not permitted. 6