RESOLUTION OF BOARD OF THE NATIONAL BANK OF UKRAINE

of January 2, 2019 No. 9

About approval of changes in some regulatory legal acts of the National Bank of Ukraine

According to Articles 7, of 15, of 44, 56 Laws of Ukraine "About the National Bank of Ukraine", to the Law of Ukraine "About currency and currency transactions", for the purpose of streamlining of issue, renewal, suspension, renewal, withdrawal (cancellation) of licenses for implementation of currency transactions the Board of the National Bank of Ukraine DECIDES:

1. Bring in the resolution of Board of the National Bank of Ukraine of August 9, 2002 No. 297 "About approval of the Regulations on procedure for provision to non-bank financial institutions, the national operator of mail service of general licenses for implementation of currency transactions", registered in the Ministry of Justice of Ukraine on August 29, 2002 for No. 712/7000 (with changes), such changes:

The name of the resolution to state 1) in the following edition:

"About approval of the Regulations on procedure for issue to non-bank financial institutions, operators of mail service of licenses for implementation of currency transactions";

Preamble to the resolution to state 2) in the following edition:

"According to Articles 7, of 15, of 44, 56 Laws of Ukraine "About the National Bank of Ukraine", the Law of Ukraine "About currency and currency transaction" and for the purpose of issue streamlining, renewal, suspension, renewal, withdrawal (cancellation) of licenses for implementation of currency transactions the Board of the National Bank of Ukraine DECIDES:";

3) in Item 1 of the word "provisions to non-bank financial institutions, the national operator of mail service of general licenses" shall be replaced with words "issues to non-bank financial institutions, operators of mail service of licenses".

2. Approve Changes in Regulations on procedure for provision to non-bank financial institutions, the national operator of mail service of general licenses for the implementation of currency transactions approved by the resolution of Board of the National Bank of Ukraine of August 9, 2002 No. 297, registered in the Ministry of Justice of Ukraine on August 29, 2002 for No. 712/7000 (in edition of the resolution of Board of the National Bank of Ukraine of December 21, 2017 No. 137) (with changes) (further - the Provision) which are applied.

3. To non-bank financial institutions, the national operator of mail service which on the date of enforcement of the Law of Ukraine "About currency and currency transactions" (further - the Law on currency) have the general license for implementation of currency transactions (further - the general license) which did not void after enforcement of the Law on currency:

1) within two months from the date of entry into force of this resolution to submit to the National Bank of Ukraine the questionnaire of non-bank organization which is financial institution, the operator of mail service in the form given in appendix 3 to the Provision and the questionnaire of the head of non-bank organization which is financial institution, the operator of mail service in the form given in appendix 5 to the Provision taking into account stipulated in Item 23 Sections III of Provisions of requirements concerning documents which are filed to the National Bank of Ukraine;

2) within six months from the date of entry into force of this resolution to provide reduction of the activities, structure of property, financial position and goodwill (together - activities) in compliance with requirements of the Provision and to give to the National Bank of Ukraine written assurance about activities compliance to requirements of the Provision.

4. Non-bank financial institutions, the national operator of mail service having the general licenses regarding implementation of activities for currency exchange obtained about day of enforcement of the Law on currency have the right based on these general licenses to perform trade in currency values in cash form.

5. Non-bank financial institutions, the national operator of mail service in case of availability of intention to perform the currency transactions provided by parts two and third article 9 of the Law on currency without expansion or change of the list of currency transactions, except for changes of activities for currency exchange on trade in currency values in cash form and/or changes of money transfer (postal order) to money transfer, have the right no later than three calendar months after the termination of effective period of the general licenses which are available for them (if the general license was granted for certain term) issued about day of enforcement of the Law on currency to address the National Bank of Ukraine for execution of the license for implementation of currency transactions (further - the license), under condition:

1) representation to the National Bank of Ukraine:

petitions for execution of the license;

written assurance about compliance of non-bank financial institution, national operator of mail service to the requirements established by the Provision;

questionnaires of the head of non-bank organization which is financial institution, the operator of mail service;

2) return to the National Bank of Ukraine of the original of the general license (in case of its registration on the number form of the National Bank of Ukraine).

5-1. Non-bank financial institutions, the national operator of mail service for the purpose of ensuring continuous provision of services in case of availability of intention to perform the currency transactions provided by parts two and third article 9 of the Law on currency without expansion or change of the list of currency transactions, except for changes of activities for currency exchange on trade in currency values in cash form and/or changes of money transfer (postal order) to money transfer, have the right to address National Bank for renewal of the license before the termination of effective period of the general licenses which are available for them (if the general license was granted for certain term) issued about day of enforcement of the Law on currency, but not later than two months before the termination of effective period of these general licenses, in case of accomplishment of the conditions determined by subitems 1, 2 Items 5 of this resolution.

6. The National Bank of Ukraine makes the decision on renewal to non-bank financial institution, the national operator of mail service of the general license for the license, the stipulated in Article 9 Laws on currency provided that the non-bank financial institution, had no national operator of mail service:

1) within the last six months preceding receipt date of document package and during the term of consideration of document package of fundamental breaches of requirements to the organization of protection of premises of non-bank financial institutions, operators of mail service in Ukraine and/or fundamental breaches of requirements of the foreign exchange legislation, and/or fundamental breaches of procedure for carrying out currency exchange transactions, and/or other fundamental breaches in the quantity making 50 and more percent from the number of structural divisions of non-bank financial institution, the national operator of mail service;

2) within one year preceding receipt date of document package and during the term of consideration of document package - two and more cases of application by the National Bank of Ukraine to non-bank financial institution, the national operator of mail service of corrective actions in the form of penalty, restriction, stop or the termination of implementation of separate types of currency transactions, suspension of the license and/or measures of responsibility (financial sanctions) for violation of requirements of the foreign exchange legislation.

7. The National Bank of Ukraine considers the documents provided by non-bank financial institutions, the national operator of mail service agrees Items 5, of 5-1 this resolution for renewal of the license according to the procedure, established by the Section VII of the Provision.

7-1. The National Bank of Ukraine by results of consideration of the documents submitted by non-bank financial institutions, the national operator of mail service according to Item 5-1 of this resolution makes the decision on renewal of the license or refusal in its renewal before expiration of the general licenses which are available for them (if the general license was granted for certain term) issued about day of enforcement of the Law on currency.

8. To department of methodology (Ivanenko N. V.) after official publication to inform banks of Ukraine, and to banks - to data of their clients information on adoption of this resolution.

9. To impose control over the implementation of this resolution on the First Deputy Chairman of the National Bank of Ukraine Rozhkova K. V.

10. The resolution becomes effective from the date of enforcement of the Law on currency.

Approved by the Resolution of Board of the National Bank of Ukraine of January 2, 2019 No. 9

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