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RESOLUTION OF BOARD OF THE NATIONAL BANK OF UKRAINE

of March 23, 2022 No. 60

About features of accomplishment of separate requirements of the legislation in the field of financial monitoring, currency supervision, supervision in the field of realization of special economic and other rationing measures (sanctions) during action of warlike situation

According to Articles 7, 15, 44, 55, 56 Laws of Ukraine "About the National Bank of Ukraine", article 18 of the Law of Ukraine "About prevention and counteraction of legalization (washing) of income gained in the criminal way, to financing of terrorism and financing of distribution of weapons of mass destruction", article 11 of the Law of Ukraine "About currency and currency transactions", to the Law of Ukraine "About sanctions", to the Law of Ukraine of February 24, 2022 No. 2102-IX "About approval of the Presidential decree of Ukraine "About introduction of warlike situation in Ukraine"", to the Presidential decree of Ukraine of February 24, 2022 No. 64/2022 "About introduction of warlike situation in Ukraine" for the purpose of determination of features of accomplishment of separate requirements of the legislation in the field of financial monitoring, currency supervision, supervision concerning realization and monitoring of efficiency of personal special economic and other rationing measures (sanctions) during action of the warlike situation Board of the National Bank of Ukraine DECIDES:

1. Banks of Ukraine do not perform measure for check of sources of origin of the means provided by the Law of Ukraine "About prevention and counteraction of legalization (washing) of income gained in the criminal way, to financing of terrorism and financing of distribution of weapons of mass destruction" (further - the Law on POD/FT) and regulatory legal acts of the National Bank of Ukraine, in case of carrying out financial transactions on introduction by clients of means cash for the purpose of their transfer on:

1) accounts of the Armed Forces of Ukraine for assistance to the Armed Forces of Ukraine and into the special account opened by the National Bank of Ukraine for fund raising on support of the Armed Forces of Ukraine;

2) the current account of the Ministry of social policy of Ukraine opened in the National Bank of Ukraine for the charitable help and ensuring support of the most vulnerable categories of the population;

3) accounts of banks of Ukraine for acquisition of bonds of internal state loan "War bonds";

4) the current account of the client - physical person in the amount of which corresponds to threshold financial transaction and is specified in article 20 of the Law on POD/FT if such client did not provide upon the demand of bank of the relevant documents or information.

1-1. Banks are forbidden to perform account transactions (to issue means in cash form, to carry out their transfer, other account account transactions of clients - physical persons with the means specified in the subitem 4 of Item 1 of this resolution except cases of transfer of such funds for the accounts specified in subitems 1 - 3 Items 1 of this resolution.

The bank previously before implementation by the client of financial transaction on introduction of funds in cash form for its current account in the amount of, determined in article 20 of the Law on POD/FT, notifies the client on restriction of account transactions with means in case of failure to provide by the client upon the demand of bank of the documents or data necessary for establishment of sources of their origin.

The bank independently in the internal documents determines cases of obligatory establishment of sources of origin of means, the list of necessary documents / data which shall be provided by the client for clarification of sources of their origin.

The bank shall notify the client by the means determined by bank in its internal documents with obligatory ensuring delivery of such notification to the client on conditions of cash deposit of the means specified in the subitem 4 of Item 1 of this resolution, and restriction for implementation of the account transactions specified in paragraph one of Item 1-1 of this resolution.

The bank exercises control of target use of the means specified in the subitem 4 of Item 1 of this resolution, enlisted on the current account of the client by establishment of limit on balance on the account which corresponds to the amount of the means deposited to account. The bank reduces the set limit by balance on the customer account on transfer amount of funds for the accounts specified in subitems 1 - 3 Items 1 of this resolution.

The requirements provided in Item 1-1 of this resolution are not applied to cases of provision by the client by bank inquiry of the documents or data necessary for bank for establishment of sources of origin of the money deposited by the client for carrying out financial transaction.

1-2. The ranking officer of bank in cases, the specified in paragraphs five and pole of Item 9 of the Section X "Final and transitional provisions" of the Law on POD/FT, publishes the internal order about freezing/defrosting of assets which shall contain:

1) date and time of decision making and its type (freezing or defrosting);

2) identification these persons which assets are refrigerated / are defrozen;

3) information of rather business relations with the client (in the presence): numbers and dates of opening of accounts to the client, the amounts of the refrigerated/defrozen assets by accounts (information is specified on the accounts opened for date of freezing/defrosting);

4) the bases of defrosting of assets (in case of defrosting);

5) signature of the ranking officer of bank.

The bank provides storage of orders of the ranking officer of bank concerning freezing/defrosting of assets in the separate case at least five years according to the procedure provided by internal documents of bank for document storage with limited access.

The bank considers the refrigerated means on customer accounts. Accounting of settlement documents on the blocked financial transactions together with orders about freezing/defrosting of the corresponding assets is performed on off-balance account 9809 A "Other documents on settlement transactions of clients" of the Chart of accounts of the financial accounting of banks of Ukraine approved by the resolution of Board of the National Bank of Ukraine of September 11, 2017 No. 89 (with changes).

2. Banks have the right for opening to physical resident persons of Ukraine who constantly live or temporarily there are outside Ukraine, to physical nonresident persons (except residents of the Russian Federation / Republic of Belarus) the accounts only for the purpose of acquisition of bonds of internal state loan "War bonds":

1) to perform identification and verification of such physical persons based on copies of the documents and data specified in Item of 1 part nine and in Item of 1 part ten of article 11 of the Law on POD/FT received by means:

remote systems of servicing;

e-mail using the qualified digital signature (further - the CAP) / the advanced digital signature;

other remote communication channels within technical capabilities of bank.

The authorized employee of bank imposes the CAP on the electronic copies of documents received from the client (the client's representative);

2) not to perform video verification according to the procedure, the provided appendix 3 to the Regulations on implementation of financial monitoring by banks approved by the resolution of Board of the National Bank of Ukraine of May 19, 2020 No. 65 (with changes) (further - No. provision 65);

3) to establish accessory of the received copies of documents from such physical persons by carrying out video conference.

3. The video conference provided in the subitem 3 of Item 2 of this resolution can be performed provided that bank:

1) performs photofixing of person:

which verification is performed;

with own identification document (the page/party containing the owner's photo);

2) performs photofixing so that facsimiles allowed to distinguish unambiguously person and details of the identification document (including the photo and identification data containing on the following page / party of the identification document);

3) received the accurate and unambiguous consent of person to carrying out video conference before such procedure (including photofixing of person and/or the screen with its image and the relevant documents shown them). Record of video conference also shall contain the fact of provision of such consent;

4) is carried out by video conference in real time without interruption. Video conference shall be carried out repeatedly in full in case of its interruption for any reasons.

4. Banks of Ukraine perform the simplified measures of proper check of clients who perform financial operations for the purpose of acquisition in property of domestic government bonds "War bonds" in the primary market (including actions for establishment of sources of origin of means) for receipt of compensation of their nominal value with payment of the income in accordance with the terms of placement of domestic government bonds "War bonds", except for such clients to whom according to requirements of the Law on POD/FT the high risk is surely established:

1) clients, the residence (stay, registration) which is the state (jurisdiction) which does not carry out or in an inadequate way implements recommendations of the international, intergovernmental organizations involved in the field of fight against legalization (washing) of income gained in the criminal way, either financing of terrorism or financing of distribution of weapons of mass destruction;

2) the clients included in the list of faces tied with implementation of terrorist activities or concerning which the international sanctions are applied (further - the list of persons), clients who are representatives of persons included in the list of persons, clients whom directly or indirectly own or final beneficial owners of which persons included in the list of persons are;

3) foreign public figures, members of their families and faces tied with such politically significant persons and also clients whose final beneficial owners are specified persons;

4) clients to whom (which final beneficial owners) special economic and other rationing measures (sanctions) according to article 5 of the Law of Ukraine "About sanctions" are applied;

5) clients, the place of residence (stay, registration) which is the state carried by the Cabinet of Ministers of Ukraine to the list of offshore zones.

The simplified measures of proper check are not performed concerning the clients performing operations on purchase and sale of domestic government bonds "War bonds" in the secondary market.

5. Banks of Ukraine can use the right specified in Item 32 of appendix 2 to No. provision 65, in case of simultaneous observance of all stated below conditions:

1) the risk of business relations with the client (financial transaction without establishment of business relations) is low;

2) the general limit on carrying out account financial transactions on all accounts and e-wallets opened for the client in bank does not exceed 400 thousand hryvnias in month (equivalent) and 400 thousand hryvnias in year (equivalent);

3) the general remaining balance on all accounts and e-wallets opened for the client in bank does not exceed 400 thousand hryvnias (equivalent).

6. Subjects of primary financial monitoring, state regulation and supervision of which in the field of financial monitoring is exercised by the National Bank of Ukraine (further - SPFM), if is not present:

1) opportunities to come with the client into contact or in case of the expiration (termination) of action, loss of action or recognition invalid the submitted documents, loss of force/exchange of the identification document of the client (the client's representative), can not take measures for updating of data on the clients provided in Items 13 - the 16th appendices 1 to the Provision No. 65 and Items 13 - the 16th appendices 1 to the Regulations on implementation of financial monitoring by organizations approved by the resolution of Board of the National Bank of Ukraine of July 28, 2020 No. 107 (with changes) (further - No. Provision 107);

SPFM documentary confirms the fact of establishment/impossibility of establishment of contact with the client for the purpose of implementation of updating of data on the client;

2) obstacles for updating of data on the clients performing such updating including use of remote communication channels within the technical capabilities provided by the Provision No. 65 and the Provision No. 107.

7. SPFM during provision of banking or other financial services / establishments of business relations have the right to accept from physical person the identification document which effective period expired no more than in 30 days prior to February 24, 2022 and after February 24, 2022 and also to which the photo of person in case of achievement by it 25 is not pasted - or 45-year age, gluing in term to which came no more than in 30 days prior to February 24, 2022 and after February 24, 2022, and if the physical person has no other identity document.

8. SPFM shall provide updating of earlier obtained data on the client regarding the identification documents of the client specified in Item 7 of this resolution which effective period expired or to which the photo is timely not pasted, according to the procedure, determined in the Provision No. 65 and the Provision No. 107, and taking into account Item 6 of this resolution.

9. Banks of Ukraine during video verification can receive the pension certificate as the additional document determined in the subitem 2 of Item 12 of appendix 3 to the Provision No. 65 from physical person.

10. The National Bank of Ukraine for action of warlike situation exercises permanent supervision, exit checks in the field of financial monitoring, currency supervision, supervision in the field of realization of special economic and other rationing measures (sanctions), observance of requirements of the regulatory legal acts of the National Bank of Ukraine determining features of functioning of bank system of Ukraine in case of introduction of warlike situation in part of implementation of currency transactions and accomplishment of separate requirements of the legislation in the field of financial monitoring according to Regulations on procedure for the organization and implementation of supervision in the field of financial monitoring, currency supervision, supervision in the field of realization of special economic and other rationing measures (sanctions), the Board of the National Bank of Ukraine approved by the resolution of June 30, 2020 No. 90 (in edition of the resolution of Board of the National Bank of Ukraine of April 04, 2024 No. 37) (further - No. Provision 90), taking into account the features determined by this resolution.

11. The paragraph two of Item 34 of the Section II and Items 100-104 of the Section V of the Provision No. 90 are not applied to the Subject specified in Item 1 of the Section I of the Provision No. 90 (further - the Subject), and to the National Bank of Ukraine.

12. Person, the representative to represent Subjekt's interests for the period of conducting its exit check, for the purposes of this resolution the head of the subject is considered or in case of its absence the face authorized by the head Subjekta or relevant organ of management of Subjekt to represent Subjekt's interests for the period of conducting exit check.

12-1. The head Subjekta for the purpose of creation of conditions for conducting exit check in case of the temporary absence / impossibility to carry out the obligations shall designate the official who will fulfill duties of the head Subjekt for temporary absence of the head Subjekt, and/or to designate person, authorized to represent Subjekt's interests for the period of conducting exit check.

12-2. The address of the location of the Subject which is bank for the purposes of this resolution is determined according to data:

1) the Unified State Register of Legal Entities, physical persons entrepreneurs and public forming (dalee-EGR) regarding legal address of such Subject;

2) placed on the page of official Internet representative office of the National Bank of Ukraine regarding the address of the isolated structural divisions of such Subject;

3) provided by such Subject to the National Bank of Ukraine (including data in response to the notification on conducting scheduled exit inspection sent to such Subject or on request of the National Bank of Ukraine) if they are presented not later than five working days prior to exit check.

12-3. The address of the location of the Subject (except banks) for the purposes of this resolution is determined according to data:

1) EGR;

2) provided by such Subject to the National Bank of Ukraine (including data in response to the notification on conducting scheduled exit inspection sent to such Subject or on request of the National Bank of Ukraine) if they are presented not later than five working days prior to exit check.

Members of inspection team are guided by information from EGR in case of determination of availability (absence) of such Subject on the location if such Subject changed the location and did not send the message to the National Bank of Ukraine about such change.

12-4. The National Bank of Ukraine has the right to send to the Subject the written request concerning determination of the address of the location of the Subject which will be used for conducting exit check.

12-5. The subject shall give to the National Bank of Ukraine of documents/copy of documents, certified according to the procedure, established by the legislation of Ukraine which confirm right of possession or uses of the room to the address of the location of the Subject if the address of the location of such Subject which will be used for conducting exit check is determined according to the data provided by it the Subject to the National Bank of Ukraine.

12-6. Person, authorized to represent the interests of the Subject for the period of conducting exit check, shall arrive to the address of the location of the Subject during the first day of exit check.

12-7. The head or the deputy manager of inspection team draws up the statement of refusal in conducting exit check (further - the act of refusal) in case of refusal the Subject in conducting exit check by the National Bank of Ukraine in case of approach of one, several or all cases:

1) not admission of members of inspection team to implementation of exit check to the address of the location of the Subject;

2) failure to provide by the Subject documents, information on the questions which are subject to exit check that makes impossible conducting exit check;

3) refusal in access to rooms to the address of the location of the Subject, and also the rooms used for the purpose of provision of services/conducting activities of the Subject;

4) absence to the address of the location of the Subject during the first day of exit check of person, the representative to represent the interests of the Subject for the period of conducting exit check;

5) other cases testimonial of refusal in conducting exit check.

12-8. The statement of refusal is drawn up during exit check in paper form at least in duplicate or in electronic form and signed by the head, the deputy manager of inspection team (one of them in case of temporary lack of another), members of inspection team.

12-9. In the act of refusal are specified:

1) date of its creation;

2) place of its assembly;

3) time of its assembly;

4) its registration number;

5) date and number of the order on conducting exit check;

6) type of exit check (planned or unplanned);

7) the period which is subject to exit check;

8) term of conducting exit check;

9) form of business of the Subject;

10) name of the Subject;

11) identification code of the Subject;

12) address of the location of the Subject;

13) date and arrival time of inspection team to the address of the location of the Subject;

14) the delivery/not delivery fact to the address of the location of the Subject of the copy of the order on conducting exit check in paper form (in the cases determined in the subitem 2 of Item 16 and the subitem 3 of Item 23 of the Section II of Provisions No. 90);

15) the fact of direction/obtaining (delivery) of the order on conducting exit check in the form of the electronic document / copy of the order on conducting exit check in paper form (in the subitems 1 of Item 16 and subitems 1 and 2 of Item 23 of the Section II of Provisions No. 90 determined Item in paragraph one 15, cases);

16) surname, own name, middle name (in the presence), position of person, representative to represent the interests of the Subject for the period of conducting exit check which to the address of the location of the Subject is handed the copy of the order on conducting exit check (in the cases determined in the subitem 2 of Item 16 and the subitem 3 of Item 23 of the Section II of Provisions No. 90);

17) not delivery reasons to the address of the location of the Subject of the copy of the order on conducting exit check (in the cases determined in the subitem 2 of Item 16 and the subitem 3 of Item 23 of the Section II of Provisions No. 90);

18) the detailed description of the facts of refusal of the Subject in conducting exit check, including:

not admission of members of inspection team to implementation of exit check to the address of the location of the Subject;

failure to provide by the Subject documents, information on the questions which are subject to exit check that makes impossible conducting exit check;

refusal in access to rooms to the address of the location of the Subject, and also the rooms used for the purpose of conducting activities of the Subject;

absence to the address of the location of the Subject during the first day of exit check of person, the representative to represent the interests of the Subject for the period of conducting exit check;

other cases testimonial of refusal in conducting exit check;

19) the fact of failure of face, the representative to represent the interests of the Subject for the period of conducting exit check, from receipt of the act of refusal;

20) surname, own name, middle name (in the presence), position of person, representative to represent the interests of the Subject for the period of conducting exit check in the presence of which the act of refusal is signed (in the presence of such person to the address of the location of the Subject at the time of creation of the act of refusal);

21) information on structure of the inspection team (with indication of surnames, initials and positions) which signed the act of refusal / certified the fact of failure of face, the representative to represent the interests of the Subject for the period of conducting exit check, from receipt of the first copy of the act of refusal in paper form to the address of the location of the Subject;

22) other information of the facts which are rather fixed in the act of refusal (if necessary).

12-10. The first copy of the act of refusal in paper form is handed to person, the representative to represent the interests of the Subject for the period of conducting exit check, under the signature with putting down of mark about date of provision in the second copy of such act remaining with the head of inspection team (except the cases specified in Item 12-11 of this resolution).

12-11. The National Bank of Ukraine no later than three working days from the date of creation sends to the Subject the act of refusal in the form of the electronic document / the copy of the act of the refusal in paper form from the electronic document certified according to the procedure, established by the legislation of Ukraine or the first copy of the act of refusal in paper form means of mail service (with the assurance of receipt) in case:

1) absence to the address of the location of the Subject during the first day of exit check of person, the representative to represent the interests of the Subject for the period of conducting exit check;

2) failure of face, the representative to represent the interests of the Subject for the period of conducting exit check, from receipt of the first copy of the act of refusal in paper form to the address of the location of the Subject.

12-12. The subject within three working days from the date of receipt of the act of refusal has the right to provide to the National Bank of Ukraine of explanation / reasonable objections of the circumstances which are rather specified in the act of refusal in electronic form or in paper form with obligatory specifying of causes of failure in conducting exit check and documentary confirmation of the specified circumstances (in the presence).

12-13. The act of refusal is considered the Subject which is brought to the attention of the Subject or received and not having explanations and objections in case of approach of one or all cases:

1) non receipt by the Subject from the reasons of the act of refusal, independent of the National Bank of Ukraine, within 10 working days from the date of the direction of the act of refusal in electronic form or 15 working days from the date of the direction of the first copy of the act of refusal in paper form / copy of the act of the refusal in the paper form from the electronic document certified according to the procedure established by the legislation of Ukraine;

2) failure to provide explanations / reasonable objections to the Act of refusal according to the procedure and the terms determined in Item 12-12 of this resolution.

12-14. The working day which is the following behind day of creation of the act of refusal is date of early termination of exit check.

12-15. The decision on application to the Subject of corrective actions (dalee-Resheniye) / the written requirement of the National Bank of Ukraine by results of the supervision exercised according to the procedure No. determined by the Provision 90, is drawn up as the document in electronic and/or paper form in the procedure established by the National Bank of Ukraine.

12-16. The National Bank of Ukraine directs the Decision / the written requirement in the following procedure:

1) to banks - means "Automated workplace-NBU-information" (for electronic documents with access restriction signature stamp "Bank secrecy").

The National Bank of Ukraine has the right to perform sending to bank of copy of the Decision/original of the written requirement in paper form, the copy of the Decision/copy of the written requirement in the paper form from electronic documents certified according to the procedure, established by the legislation of Ukraine, means of mail service the registered mail with the assurance of receipt;

2) to Subjects (except banks) by results of supervision in the field of financial monitoring - according to the procedure, determined in Item 12 of the Section I of the Regulations on application of corrective actions by the National Bank of Ukraine to organizations for violation of the law concerning the financial monitoring approved by the resolution of Board of the National Bank of Ukraine of July 28, 2020 No. 106 (with changes) (dalee-Polozheniye No. 106);

3) to Subjects (except banks) by results of currency supervision - according to the procedure, determined in Item 12-17 of this resolution.

Item 15 of the Section I of the Regulations on currency supervision approved by the resolution of Board of the National Bank of Ukraine of January 03, 2019 No. 13 (with changes) (further - No. Provision 13), is not applied to the National Bank of Ukraine and the Subject.

12-17. The National Bank of Ukraine has the right to send to the Subject (except banks):

1) copy the Decision/original of the written requirement in paper form by results of currency supervision - on the postal address of the Subject (except banks) the registered mail with the assurance of receipt;

2) the Decision / the written requirement for results of currency supervision which is drawn up / drawn up in electronic form, electronic communication channels of the National Bank of Ukraine;

3) the copy the Decision/copy of the written requirement for results of currency supervision in paper form from the electronic document certified according to the procedure, established by the legislation of Ukraine, on the postal address of the Subject (except banks) the registered mail with the assurance of receipt.

12-18. The subject (except banks) shall report the National Bank of Ukraine electronic communication channels of the National Bank of Ukraine about receipt of the Decision / the written requirement which is specified/specified in Item 12-17 of this resolution which is directed/directed by electronic communication channels of the National Bank of Ukraine no later than the next working day from the date of the direction by the National Bank of Ukraine of such Decision / such written requirement.

12-19. The Decision which is directed/directed by the National Bank of Ukraine / the written requirement for results of the supervision exercised according to the procedure No. determined by the Provision 90, is considered finished/brought to the attention of the Subject (the received/received Subject) in case of non receipt by his / her Subject for the reasons, independent of the National Bank of Ukraine. Day of bringing to data of Subject/obtaining by the Subject Resheniya / the written requirement in that case it is considered:

1) the fifth working day from the date of, the copy of the Decision/original of the written requirement which is drawn up in paper form, or the copy of the Decision/copy of the written requirement in paper form from the electronic document certified according to the procedure following behind day of sending by the National Bank of Ukraine, established by the legislation of Ukraine;

2) the next working day from the date of sending by the National Bank of Ukraine the Decision / the written requirement in electronic form means "Automated workplace-NBU-information", other electronic communication channels of the National Bank of Ukraine.

12-20. The National Bank of Ukraine has the right to promulgate on pages of official Internet representative office of the National Bank of Ukraine the Decision / the written requirement for results of the supervision exercised according to the procedure, No. determined by the Provision 90, in case of return of the registered mail with mark on not delivery, not messages by the Subject (except banks) on receipt of the Decision / the written requirement electronically in time, specified in Item 12-18 of this resolution, the paragraph the fifth Item 12 of the Section I of the Provision No. 106.

12-21. The terms determined in Item 31 of the Section V, Item 34 of the Section VI of the Provision No. 106, Items 22, of the 27th Section II of Provisions No. 13, can be prolonged in the Decision.

12-22. Representatives/representatives of the Subject are not invited / not invited to meeting of collegiate organ which is formed according to article 17 of the Law of Ukraine "About the National Bank of Ukraine" and to which the Board of the National Bank of Ukraine delegates separate powers on regulation and supervision (further - Committee), in case of consideration at this meeting of the offer on non-use of corrective actions to such Subject.

The National Bank of Ukraine leads up information on the made Decision on the non-use of corrective actions to the Subject by the direction to it of the letter according to the procedure determined in Item 12-16 of this resolution.

Consideration of question of application of corrective actions to the Subject is performed according to the procedure, established by regulatory legal acts of the National Bank of Ukraine if the Committee does not support the offer specified in paragraph one of Item 12-22 of this resolution.

13. During action of warlike situation, other regulatory legal acts of the National Bank of Ukraine are effective in the part which is not contradicting this resolution.

14. Recognize invalid:

1) the resolution of Board of the National Bank of Ukraine of February 27, 2022 No. 25 "About measures in the field of prevention and counteraction of legalization (washing) of income gained in the criminal way, to financing of terrorism and financing of distribution of weapons of mass destruction in connection with introduction of warlike situation";

2) the resolution of Board of the National Bank of Ukraine of March 2, 2022 No. 32 "About modification of the resolution of Board of the National Bank of Ukraine of February 27, 2022 No. 25";

3) the resolution of Board of the National Bank of Ukraine of March 11, 2022 No. 47 "About introduction of amendments to the resolution of Board of the National Bank of Ukraine of February 27, 2022 No. 25 and accomplishment of separate requirements of the legislation concerning financial monitoring in connection with introduction of warlike situation".

15. To impose control over the implementation of this resolution on the vice-chairman of the National Bank of Ukraine Yaroslav Matuzka.

16. The resolution becomes effective from the date of its official publication and No. 64/2022 "About introduction of warlike situation in Ukraine" is effective during the period of action of the Presidential decree of Ukraine of February 24, 2022.

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