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RESOLUTION OF BOARD OF THE NATIONAL BANK OF UKRAINE

of August 26, 2022 No. 191

About introduction of amendments to the resolution of Board of the National Bank of Ukraine of March 23, 2022 No. 60

According to Articles 7, 15, 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", to Articles 11, of 14, 15 Laws of Ukraine "About currency and currency transactions", article 5 of the Law of Ukraine "About sanctions", to the Presidential decree of Ukraine of February 24, 2022 No. 64/2022 "About introduction of warlike situation in Ukraine", to No. 2102-IX approved by the Law of Ukraine of February 24, 2022 "About approval of the Presidential decree of Ukraine "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. Bring in the 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 concerning realization and monitoring of efficiency of personal special economic and other rationing measures (sanctions) during action of warlike situation" (with changes) the following changes:

The resolution after Item 10 to add 1) with two new Items 10-1, 10-2-of the following content:

"10-1. Subjekt specified in Item 2 of the Section I of the Provision No. 90 (further - Subjekt), shall send the National Bank of Ukraine the letter in the form of the electronic document signed by the head and ranking officer Subjekta (if check includes questions of observance of requirements of the legislation concerning financial monitoring), information on acquaintance with the act of results of permanent supervision (further - the act) / the certificate of exit check (further - the reference).

The subject shall send the letter with information on acquaintance with the act/reference no later than for the fifth working day from the date of receipt of the act/reference in the form of the electronic document / the first copy of the act/reference in paper form / the copy of the act/reference certified properly in paper electronic form.

The act/reference is considered the Subject brought to data of the Subject or received and which does not have explanations and objections in cases:

1) non receipt by the Subject for the act/reference reasons, independent of the National Bank of Ukraine, within five working days from the date of sending the act/reference in the form of the electronic document or seven working days from the date of the direction of the first copy of the act/reference in paper form / the copy of the act/reference certified properly in paper electronic form and/or

2) obtaining from the Subject of the letter with information on acquaintance with the act/reference which does not conform to requirements of paragraphs of the first and second Item 10-1 of this resolution, and/or

3) failure to provide explanations/objections to the act/reference according to the procedure and the terms determined in Item 10-2 of this resolution.

The act/reference in the form of the electronic document / the second copy of the act/reference in paper form which remained with the National Bank of Ukraine is the basis for adoption of relevant decisions by it within powers in the cases specified in subitems 1 - 3 Items 10-1 of this resolution.

10-2. The subject has the right to provide to the National Bank of Ukraine together with the letter with information on acquaintance with the act/reference during the term established in the paragraph the second Item 10-1 of this resolution, the explanation, reasonable objections concerning the circumstances, the facts and conclusions stated in the reference/act with appendix of supporting documents, information.";

2) in paragraph one of Item 11 of the word and figures", the Provisions No. 90 specified in Item 2 of the Section I (further - Subjects)," to exclude;

Item 12 to add 3) with the new paragraph of the following content:

"The National Bank of Ukraine has the right to send the act/reference in the form of the electronic document [if in he (she) there is no information with limited access] to Subjects (except banks) means of system of electronic interaction of the post and portal decision of the National Bank of Ukraine [in the presence of electronic interaction with Subjects (except banks)] or through official electronic mailbox of the National Bank of Ukraine.".

2. The resolution becomes effective from the date of, its official publication following behind day.

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