RESOLUTION OF NATIONAL BANK OF THE REPUBLIC OF MOLDOVA

of July 13, 2006 No. 185

About approval of the Instruction about external obligations

Based on Item l) parts (1) Articles 5, parts (1) Articles 11, Item c) parts (1) Articles 27, Item and) Article 51 and article 52 of the Law No. 548-XIII of July 21, 1995 on National Bank of Moldova (repeated publication: Monitorul Oficial al Republicii Moldova, 2015, Art. No. 297-300, 544), with subsequent changes and amendments, and also parts (6) Articles 6, parts (6) Article 55 and article 67 of the Law on currency control No. 62-XVI of March 21, 2008 (Monitorul Oficial al Republicii Moldova, 2008, Art. No. 127-130, 496), with subsequent changes and amendments, DECIDES: Administrative board of National Bank of Moldova

I. Approve the Instruction about external obligations it (is applied).

II. Recognize invalid the Instruction about registration and permission by National Bank of Moldova of private external obligations approved by the decision of Administrative board of National Bank of Moldova No. 126 of June 6, 2002 (Monitorul Oficial al Republicii Moldova, 2002, Art. No. 76-78, 196), with subsequent changes and amendments.

III. The existing certificates on registration/permission issued by National Bank of Moldova before entry into force of this resolution for external obligations according to which, according to the Instruction mentioned in Item I of this resolution the notification/permission is not required lose action from the date of entry into force of this resolution.

IV. Residents which submitted to National Bank of Moldova applications for registration/permission of external obligations and for the date of entry into force of this resolution did not receive appropriate certificates about registration/permission according to the Instruction mentioned in Item II of this resolution shall fulfill requirements of the Instruction specified in Item I of this resolution.

V. This resolution is published in Monitorul Oficial al Republicii Moldova and becomes effective since September 1, 2006.

Approved by the Resolution of Administrative board of National Bank of the Republic of Moldova of July 13, 2006 No. 185

The instruction about external obligations

The preamble is excluded according to the Resolution of Administrative board of National Bank of the Republic of Moldova of 17.10.2013 No. 201

Chapter I. General provisions

Part 1. The used concepts

In this instruction the concepts determined by the Law on currency control No. 62-XVI of March 21, 2008 are used (repeated publication: Monitorul Oficial al Republicii Moldova, 2016, Art. No. 423-429, 859), further - the Law No. 62-XVI of 21.03.2008. Also for the purpose of this instruction the following concepts are used:

1.1. External obligations - set of the direct and contingent obligations resulting from provision by nonresidents for benefit of residents and residents for benefit of nonresidents of the loans/credits and guarantees, further - "external loans / credits" and "external guarantees" and which include:

a) the loans/credits within direct investments specified in Item c) to part (3) article 7 of the Law No. 62-XVI of 21.03.2008;

b) the commercial loans / credits specified in article 10 of the Law No. 62-XVI of 21.03.2008;

c) the financial loans / credits specified in article 11 of the Law No. 62-XVI of 21.03.2008;

d) the loans of personal nature specified in Item and) parts (1) article 15 of the Law No. 62-XVI of 21.03.2008;

e) the guarantees specified in article 12 of the Law No. 62-XVI of 21.03.2008.

1.2. No. 201 is excluded according to the Resolution of Administrative board of National Bank of the Republic of Moldova of 17.10.2013

1.3. No. 201 is excluded according to the Resolution of Administrative board of National Bank of the Republic of Moldova of 17.10.2013

1.4. No. 201 is excluded according to the Resolution of Administrative board of National Bank of the Republic of Moldova of 17.10.2013

1.5. No. 201 is excluded according to the Resolution of Administrative board of National Bank of the Republic of Moldova of 17.10.2013

1.6. No. 201 is excluded according to the Resolution of Administrative board of National Bank of the Republic of Moldova of 17.10.2013

1.7. No. 201 is excluded according to the Resolution of Administrative board of National Bank of the Republic of Moldova of 17.10.2013

1.8. No. 201 is excluded according to the Resolution of Administrative board of National Bank of the Republic of Moldova of 17.10.2013

1.9. No. 201 is excluded according to the Resolution of Administrative board of National Bank of the Republic of Moldova of 17.10.2013

1.10. Physical resident persons - the residents specified in the subitem and) Item 9) article 3 of the Law No. 62-XVI of 21.03.2008.

1.11. The physical resident persons who are engaged in certain type of activity - the residents specified in the subitem b) Item 9) article 3 of the Law No. 62-XVI of 21.03.2008.

1.12. Legal resident persons - the residents specified in subitems c) - g) Item 9) article 3 of the Law No. 62-XVI of 21.03.2008.

1.13 Ceased to be valid according to the Resolution of National Bank of the Republic of Moldova of 13.02.2018 No. 30

The concept "accounts" matters, determined by the Regulations about conditions and procedure of currency transactions approved by the Resolution of Administrative board of National Bank of Moldova No. 8 of January 28, 2010, Monitorul Oficial al Republicii Moldova, 2010, Art. No. 41-43, 177, (further - Regulations about conditions and procedure of currency transactions).

Part 2. General provisions

2.1. This instruction:

a) establishes requirements to notification and to the statement for issue of permission, and also the list of the documents attached to them;

b) regulates conditions and the notification procedure residents of external obligations to National Bank of Moldova;

c) regulates conditions and procedure for issue by National Bank of Moldova for permissions to external obligations;

d) ceased to be valid;

e) regulates procedure for submission to National Bank of Moldova of the reporting on the transactions performed according to the notified/permitted external obligations;

f) establishes obligations of the residents performing transactions according to external obligations which are subject to the notification/permission;

g) regulates other features concerning external obligations.

2.2. No. 201 is excluded according to the Resolution of Administrative board of National Bank of the Republic of Moldova of 17.10.2013

2.3. The residents performing transactions according to external obligations which according to the Law No. 62-XVI of 21.03.2008 are subject to the notification shall notify National Bank of Moldova on these obligations.

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