“Approved”
Resolution # 16/3
Central Bank of
the Republic of Azerbaijan
30 July 2013

Governor

_____________________
Elman Rustamov

Regulations
on archivation in the banking system of the Republic of Azerbaijan

1. General provisions

1.1. These Regulations have been developed in line with the Laws of the Republic of Azerbaijan on the Central Bank of the Republic of Azerbaijan, on Banks, on the National Archive Fund, other normative acts of the Republic of Azerbaijan of legal nature and determine rules for maintenance of archivation in the banking system, as well as the period for storage of documents in the archive.
1.2. These Regulations establish the minimum storage term of the documents, emerged from activities of the Central Bank of the Republic of Azerbaijan (hereinafter – the Central Bank), as well as banks, non-bank credit institutions and local branches of foreign banks operating in the Republic of Azerbaijan (hereinafter – banks) (Annex 1). Every bank may store its documents for a longer period at its discretion given their scientific – practical significance.
1.3. If not otherwise specified for the purposes of these Regulations, the definition ‘bank’ also implies the Central Bank. The period of storage of the category of documents, revealed upon enactment of these Regulations or newly created, is established by the bank itself in line with the scientific – practical significance of the document until changes to the Regulations.
1.4. Storage of confidential documents is regulated by ‘Regulations on maintenance of clerical work on the work with confidential documents in public authorities, offices, institutions and entities’ approved at Decree # 179 of President of the Republic of Azerbaijan dated 19 January 2005.
1.5. These Regulations may be used in effective organization, and classification of documents in clerical work, their selection for permanent and temporary storage, formulation of work and compiling of working nomenclature.

2. Requirements on protection of documents

2.1. Archive documents, arisen from bank activities, are protected directly by banks themselves. Archive documents of banks, whose majority stakes are not owned by the government, constitute the non-government part of the National Archive Fund and are deemed their property.
2.2. Banks may deliver their documents to the public property to protect in the state archive. These relations are regulated by an agreement between the State Archive of the Republic of Azerbaijan (hereinafter – State Archive Service Institution (SASI)) and the bank.
2.3. Banks should allocate favorable premises or rooms to store their archive documents, secure documents and appoint designated persons.
2.4. Premises or rooms dedicated for storage of archive documents in banks should be equipped with specific facilities for the protection of documents (chests, shelves, safes, boxes, folders or other facilities of the kind).
2.5. Premises or rooms for storage of documents should be equipped with a fire alarm system. Technical facilities, which maintain an optimum temperature (humidity) and a sanitary – hygienic regime are utilized in the spaces, where documents are stored.

3. Storage of electronic documents

3.1. The following conditions should be met when storing electronic documents in line with the ‘Regulations on exchange of electronic documents’ approved at Order # 27 of the Cabinet of Ministers of the Republic of Azerbaijan dated 28 January 2006:
3.1.1. e-document should maintain the shape, it was created in, transmitted to or received by;
3.1.2. e-document should allow to determine who it was sent by, received by, the timing, when it was sent or received;
3.1.3. information, in an e-document, may be usable for next reference;
3.1.4. other conditions, set in the legislation and at the agreement of parties should be followed.
3.2. The period of storage of e-documents may not fall below the period, specified for hard copies of the same category. Depending on technical qualities of e-carriers, the data in that carrier should be copied to a new e-carrier in specified periods.
3.3. When storing e-documents, relevant registration journals, programs, allowing maintain e-signature verification data (their certificates) and verify e-signatures should be stored.
3.4. To investigate conflict situations when storing e-documents, e-documents and relevant e-signature verification data should be synchronized.
3.5. Electronic archives should be protected from unauthorized access, accidental destruction or distortion.

4. How to hand over files to and use the archive

4.1. Implemented permanent and temporarily stored documents and staff documents are handed over to the archive on the list compiled.
4.2. Documents, upon verification of whether they were compiled properly, and systematization, are numbered as a storage unit and included in the list of storage units to be stored permanently and for a long term. A list of storage units to be stored permanently and for a long term are developed separately.
4.3. Files, comprised of implemented long-term (over 10 years) and permanently stored documents, are handed over to the archive of the CBA and banks (hereinafter – office archives) upon two-year storage in relevant structural units and expiry.
4.4. Relevant financing documents on purchase of goods, works, and services related to government guaranteed loans or projects, implemented at the expense of any other specific sources are handed over to the office archive upon full completion of the project.
4.5. The expiry date of the files, handed over to the archive are written on their faces in line with these Regulations. Except for the files, which are carried to the following year, all documents of the year are filed in a folder. Pages of the file are numbered on the right corner from top to down. The number of pages in a folder should not exceed 250. Documents are filed in a single copy. Documents, implied for a service use and/or folders they are filed in are marked as ‘For service use’. Documents, reflecting personal data and/or folders they are filed in are marked as ‘For service use; Personal data’.
4.6. Interim layers, metal bands, clinches should be removed from the folder and documents should be filed in a consecutive order.
4.7. Documents, stored in office archives, may be taken for a temporary use only based upon a request (Annex 6) signed by senior officials for not more than 5 business days. The request incorporates a list of documents. Documents, delivered on the basis of a request, are signed by a person, handing over the documents, with relevant notes by an archive employee in a dedicated archive registry and their recovery within the specified period is controlled on.
4.8. Documents, given to law-enforcement bodies from the archive, are formalized through a protocol on taking developed in line with the Criminal – Procedure Code of the Republic of Azerbaijan. Archive documents, required with respect to court cases, are presented to the court attached with a bank authorization letter. A copy of documents, given to law-enforcement bodies and the court, are stored in the office archive with a relevant note on it. Documents, given from the archive, are registered by an archive employee in a special registry.
4.9. Documents of re-organized banks are enlisted and handed over to the bank’s legal heir.
4.10. The following is provided for when issuing, compiling and formalizing archive transcripts:
4.10.1. archive transcripts are issued to institutions on issues related to their activity profile based upon their inquiries, while to citizens – on issues related to provision of their rights and legal interests – based upon their applications;
4.10.2. archive transcripts are compiled on the basis of the documents, stored in the office archive and related to the issue, specified in the application (original or verified under the legislation). Use of non-verified copies of documents is mentioned in the body of the transcript (non-verified copy);
4.10.3. archive transcripts are compiled mentioning ‘Archive transcript’ on the blank of the bank, the archive belongs to (Annex 7). The transcript includes names and dates of documents, with the data in the documents in question expressed. At that, events are organized not in the chronological order of documents reflecting events, but in a chronological order of events. The transcript may include citation from documents in quotation marks. Names of institutions are first written in full in the body of the transcript, when reiterating they may be mentioned in an officially abbreviated form. Archive codes of documents (numbers of funds, working lists and working papers) which made the foundation for the archive transcript, are indicated at the end of the transcript;
4.10.4. archive transcript is signed by head of a structural unit, the bank or the office archive is incorporated to and head of the archive (designated person for an office archive). The transcript is confirmed by a bank stamp. The archive transcript’s unstamped copy is kept with the file;
4.10.5. inquirer’s application and copies of documents, which confirm data in the archive transcript, and their excerpts are attached with the transcript;
4.10.6. in the event there are no documents in the office archive to confirm the inquired information, a letter is compiled in a bank blank. The response includes the reasons for lack of documents, and recommendations on where to apply to for a transcript.

5. How to organize expertise of the value of documents

5.1. The expiry date of documents, not specified herein, and newly discovered documents is established as a result of expertise of their scientific-practicable value.
5.2. The value of documents is examined to segregate them in terms of expiry dates and storage.
5.3. The value of documents is examined directly in banks’ clerical offices and office archives.
5.4. Permanent expert commissions (EC) are launched to expertise documents, and hand over documents of scientific-practical importance to the SASI for permanent storage and sort expired documents for destruction and formalize the process; permanent Central Export Commission (CEC) is launched to expertise documents, manage and methodologically assist the process of expertise in affiliated institutions in the Central Bank and in banks with 5 and over separate divisions (branches, departments).
5.5. The CEC (EC) includes a head of the office archive and bank’s qualified and experienced employees, as well as a representative of a relevant state archive (in state owned banks). The Chair of the Commission is appointed from among bank managers.
5.6. In case of problems with respect to expertise of documents, specialists of the SASI, allowed to deal with data carriers in the order specified in the legislation may be involved to the process at the permission of the bank management.
5.7. Authorities of the expert commission in liquidated banks are enjoyed by the liquidation commission or a liquidator.
5.8. The CEC (EC):
5.8.1. reviews lists of files, as well as staff files to be delivered to the state archive (Annex 5) annually and takes a decision on submission of the said lists to the Expert Review Commission (ERC) of the SASI; the decision of the EC is approved by the bank manager;
5.8.2. reviews the destruction act on destruction of documents, separated for destruction, including documents of bank’s particular divisions and takes a decision on destruction of documents;
5.8.3. reviews suggestion on increase of expiry dates of particular destruction of documents, as well as expiry dates of newly discovered documents, specified herein, establishes their scientific-practical significance and takes relevant decisions;
5.8.4. participates in development and review of bank’s draft internal regulations, other methodological supplies on archive and clerical work;
5.8.5. ensures that documents of liquidated divisions in the bank’s organizational structure are listed from scientific-practical standpoint and handed over to the office archive.

6. Handover of documents to state archive for permanent storage

6.1. Documents of the Central Bank and other state-owned banks, to be stored permanently according to these Regulations, are handed over to the SASI on a list upon temporary storage within the timeframe specified by the Law of the Republic of Azerbaijan on the National Archive Fund. Banks – owners of the non-state archive fund may deliver documents to be stored permanently to the protection of the state archive based upon an agreement with the SASI upon expertise of the value of those documents.
6.2. The state archive accepts documents to the state archive on a list approved by the ERC of the SASI. Acceptance of documents by the state archive is documented with an Acceptance Act, developed in two copies (Annex 3).
6.3. Documents for permanent storage are sorted on a page-by-page basis. Documents may not be sorted based on headings of files, without being looked at.
6.4. Documents of Central Bank’s regional offices, banks’ branches, departments and representative offices are handed over to the state archive in the composure of the Central Bank’s and banks’ archive fund respectively.
6.5. The CEC (EC) decision on delivery of documents to the state archive is approved by the bank management.
6.6. Office archives develop a list of files to be handed over to the state archive for a permanent storage in 2 copies (3 copies for scientific-practical documents), the list is discussed in a CEC meeting, signed by its members and sent to the ERC of the SASI, which will accept them, for approval. Upon approval, a list of the documents is kept with the state archive as a control document, the other copies be returned to the office archive. Documents are accepted for state protection on those lists. The list of staff documents to be stored for a long-term, are coordinated by the ERC of the SASI and approved by the head of the office.
6.7. Documents of a liquidated bank, which are not expired or are to be stored permanently, are handed over to the SASI for protection according to ‘Regulations on Including to, Withdrawal from or destruction of Archives, Archive Funds and Document Collections to the National Archive Fund’, approved at Order # 32 of the Cabinet of Ministers of the Republic of Azerbaijan dated 6 March 2000.

7. Destruction of documents

7.1. Expired documents are sorted for destruction, a relevant act (Annex 2) developed, signed by the head and members of bank’s CEC (EC), approved by the bank manager, and submitted to the SASI for permission to have documents destructed. Archive documents may not be destructed without permission from the SASI.
7.2. Documents are sorted for destruction on a page-by-page basis. Documents may not be sorted based on headings of files, without being looked at.
7.3. Upon approval of the act by the SASI, documents or files specified in the act are destructed. Documents are either delivered to recycling entities or destructed by the bank itself. Delivery of documents to recycling entities is formalized through an acceptance act, in case of destruction – through a destruction act.
7.4. Confidential clerical and banking secrecy documents are destroyed via the means that make their recovery impossible (burning, shredding, dissolution or other similar means).
7.5. Non-expired documents may not be destroyed.
7.6. Documents, to be stored permanently under these Regulations, however, lost their scientific-practical significance, may be destroyed at the decision of the bank’s CEC (EC) and at the permission of the SASI.
7.7. When documents are damaged (fire, natural disaster or other reasons) and their restoration is impracticable, they may be sorted for destruction. Documents of the kind are formalized through a relevant act (Annex 4), and sent to the ERC of the SASI for review and approval. Files and documents therein are destroyed upon approval of those acts by the ERC.

8. How to structure and apply the list

8.1. Annex 1 herein (List) sets expiry dates for documents. The list does not contain specific file titles; they solely include documents and types of documents.
8.2. The list consists of sections, relevant to core issues of Central Bank’s and banks’ activities.
8.3. In line with the banking system structure, expiry dates of documents in this List is disaggregated into the following four columns (Columns 3, 4, 5, 6):
8.3.1. Column 3 – The Central Bank’s executive body;
8.3.2. Column 4 – The Central Bank’s regional offices;
8.3.3. Column 5 – banks, NBCIs, local branches of foreign banks;
8.3.4. Column 6 – branches, departments and representative offices of banks, NBCIs, local branches of foreign banks.
8.4. The ‘ERC’ note on certain categories of documents, whose expiry date is temporary, implies that a portion of such documents might have a scientific-practical significance and be handed to the state archive in a specified order. The documents, with the ‘ERC’ note, are accepted, or destroyed at the decision of the ERC of the state archive.
8.5. The ‘on demand (o/d)’ note shall imply that documents are of limited practical significance. Banks establish their expiry dates themselves.
8.6. Except for the cases specified in Item 8.7 herein, documents expiry date starts from 1 January of the year, following expiry of their clerical term. For instance, the expiry date of files, whose clerical period ended in 2000, is calculated from 1 January 2001.
8.7. The expiry date of customer’s identification documents are calculated from the date legal relations with the customer are terminated, while the expiry date of documents related to operations with funds or other property by the customer, upon completion of the operation.
8.8. Expiry dates of accounting books, registers and other set of documents, stored as archive documents, are calculated upon the last registry date made in the book and register.