RESOLUTION OF BOARD OF THE NATIONAL BANK OF UKRAINE

of September 3, 2015 No. 581

About settlement of situation in the monetary and currency markets of Ukraine

List of amending documents

According to article 99 of the Constitution of Ukraine, article 387 of the Economic code of Ukraine, Articles 6, of 7, of 15, of 25, of 33, of 44, of 45, of 55, 56 and to Sections IV, V, VIII of the Law of Ukraine "About the National Bank of Ukraine", to Articles 66, 67 and Chapter 11 of the Law of Ukraine "About banks and banking activity", to articles 1 and 2 of the Law of Ukraine "About procedure of payments in foreign currency", to the Law of Ukraine "About charity and charitable organizations", to Sections II and III of the Decree of the Cabinet of Ministers of Ukraine of February 19, 1993 No. 15-93 "About system of currency control and currency exchange control" and for the purpose of settlement of situation in the monetary market of Ukraine, in particular its currency segment, the Board of the National Bank of Ukraine decides:

1. Determine that the calculations for transactions for export and commodity import provided in articles 1 and 2 of the Law of Ukraine "About procedure of payments in foreign currency" are performed in time, not exceeding 90 calendar days.

2. Establish the requirement for obligatory sale in the interbank foreign exchange market of Ukraine of the receipts in foreign currency from abroad for benefit of legal entities which are not authorized banks, physical persons entrepreneurs, foreign missions (except official representations), into the accounts opened in authorized banks for conducting joint activities without formation of legal entity, and also revenues in foreign currency into the accounts of residents opened outside Ukraine based on individual licenses of the National Bank of Ukraine.

The receipts in foreign currency specified in paragraph one of this Item are subject to obligatory sale in the interbank foreign exchange market of Ukraine, including directly to the National Bank of Ukraine, in the amount of 75 percent. The others receipt in foreign currency remain at the disposal of residents and nonresidents and are used by them according to rules of currency control.

Receipts in foreign currency are not subject to obligatory sale in the interbank foreign exchange market of Ukraine:

for benefit of the state or under the state guarantees;

on the credits, loans attracted according to international treaties of Ukraine which consent to be bound is provided by the Verkhovna Rada of Ukraine or from international financial institutions which member is Ukraine, or from international financial institutions under agreements with which Ukraine undertook to provide the legal regime provided to other international financial institutions;

on projects (programs) of the international technical assistance which underwent state registration;

on projects which are performed based on agreements between Ukraine and the European Union on participation of Ukraine in the international programs of the European Union;

in the form of grants from international financial institutions which member is Ukraine, for benefit of legal resident person which financing is performed at the expense of such grants and in which governing bodies the Government of Ukraine participates;

arrived as cash cover (guarantee fee) of participation of the nonresident in auction (biddings) for privatization of state-owned property into accounts of the organizer of such auction (biddings);

on the correspondent accounts of nonresident banks in foreign currency opened in authorized banks;

on transactions on placement of deposits by nonresident banks on accounts in authorized banks;

for benefit of intermediary residents under commission agreements, orders, consignments or according to agency agreements which are subject to further transfer to owners of means. If receipts in foreign currency are subject to further transfer to owners of means which are serviced in authorized banks, then authorized banks perform obligatory sale of receipts in foreign currency according to requirements of this Item;

on transactions on exchange of foreign currency on the accounts of residents opened outside Ukraine based on individual licenses of the National Bank of Ukraine;

arrived as the charitable help for benefit of her receivers;

are returned at the initiative of the foreign bank receiver / intermediary provided that the specified means were returned within two days after day of their transfer by authorized bank;

arrived as wrong transfer.

The requirement of rather obligatory sale extends to receipts in foreign currency of the 1st group of the Qualifier of foreign currencies and bank metals approved by the resolution of Board of the National Bank of Ukraine of February 04, 1998 No. 34 (in edition of the resolution of Board of the National Bank of Ukraine of October 02, 2002 No. 378, registered in the Ministry of Justice of Ukraine on October 24, 2002 for No. 841/7129) (with changes) (further - the Qualifier), and in Russian rubles.

The authorized bank shall enlist previously receipts in foreign currency to which according to paragraph one of this Item the requirement about obligatory sale extends, into the separate analytical account of the balance sheet account 2603 "Distribution Accounts of Subjects of Managing" (further - the distribution account).

The authorized bank shall perform obligatory sale of receipts in foreign currency according to requirements of this Item:

without order of the client;

exclusively next working day after day of transfer of such revenues to the distribution account.

3. The National Bank of Ukraine performs monitoring of work of authorized bank for the purpose of check of fair nature of payments on transactions of clients. For this purpose the National Bank of Ukraine has the right to demand from banks of suspension of carrying out the transactions having the increased risk of their use in the illegal purposes and to receive the documents confirming fair nature of implementation of such transactions.

4. Authorized banks cannot remove from control export transactions of clients based on documents on discharge by offsetting of counter claims of the same kind:

in foreign currency of the 1st group of the Qualifier / Russian rubles (irrespective of transaction amount);

in other currencies (if the total amount of obligations which stop transfer within one agreement on commodity export, exceeding in equivalent of 500 000 US dollars).

Receipts in foreign currency on export transactions of clients of bank shall be sold according to the procedure, established in Item 2 of this resolution.

Requirements of this Item do not extend to discharge cases offsetting of counter claims of the same kind on transactions of operators of telecommunications on payment of the international telecommunication services (the international roaming and the omission of the international traffic).

5. The authorized bank the present day submits till 18:00 with use of means of System of the agreement confirmation in the interbank foreign exchange market of Ukraine of the National Bank of Ukraine the developed request of rather total amount of obligatory sale of foreign currency planned for the next working day.

The developed request includes information on the total amount of receipts and total amount of obligatory sale on codes of foreign currency, information on type of receipt and expanded information for transactions which amount constitutes more than 50000 US dollars in equivalent on the official rate of hryvnia to the foreign currencies established by the National Bank of Ukraine of the present working day. In expanded information the bank in separate record notes identification code of legal person / registration number of accounting card of the taxpayer or series and passport number brought in the Unified State Register of Legal Entities and physical persons entrepreneurs, the abbreviated name of the legal entity or surname, name and middle name of physical person entrepreneur, currency code, amount of obligatory sale.

6. Enter such measures concerning activities of banks and financial institutions:

1) to allow residents to perform repayment of the credits, loans (including financial aid) in foreign currency under contracts with nonresidents, including in case of the conclusion of supplementary agreements to credit agreements / loan agreements, not earlier than the term provided by agreements. The specified requirement extends to cases of early accomplishment by the resident borrower of obligations both on the main amount of credit/loan, and on other payments established by the credit agreement / loan agreement.

The National Bank of Ukraine does not perform registration of changes in agreements on attraction by resident borrowers of the credits, foreign currency loans from the nonresidents concerning reducing terms of accomplishment by resident borrowers of obligations under such agreements or their early execution.

Requirements of this subitem do not extend to cases of early repayment of the credits, loans:

ahead of schedule returned funds for increase in the capital of this authorized borrowing bank attracted with authorized bank on condition of the direction. For implementation of such transactions the authorized bank is allowed to return to the foreign investor of means on credit/loan directly into its investment account opened in authorized bank with subsequent use of these funds for increase in the capital of bank;

at the expense of the funds raised by the resident borrower according to other credit agreement (loan agreement) with the nonresident (further - the new agreement) if the new agreement provides later term of accomplishment of obligations of the borrower on return of these means in comparison with conditions of the previous credit agreement (loan agreement) (further - the provisional agreement) and these means (considering the means in hryvnias received as a result of obligatory sale of receipts in foreign currency) are not used by the borrower on any other purposes, except early accomplishment of own obligations according to the provisional agreement and purchases of foreign currency for hryvnias for present purposes. Purchase by the resident borrower of foreign currency for the specified purposes is allowed within actual amount of obligatory sale of funds in foreign currency which the resident borrower raised under the new agreement for early accomplishment of own obligations according to the provisional agreement;

for benefit of international financial institutions which member is Ukraine or international financial institutions under contracts with which Ukraine undertook to provide the legal regime provided to other international financial institutions;

2) authorized banks perform transactions on purchase and sale of foreign currency for hryvnias in the interbank foreign exchange market of Ukraine according to the regulatory legal act of the National Bank of Ukraine regulating procedure and terms of trade in foreign currency.

By the end of the working day of balance of exceeding of total amount of purchase of foreign currencies and bank metals for hryvnias over amount of their sale cannot be more than:

on transactions on conditions "that" - percent 0,1 from the size of the regulatory capital of bank (in equivalent);

on transactions on conditions "volume", "spot", "forward" - 0, percent from the size of the regulatory capital of bank (in equivalent);

on transactions on conditions "that", "volume", "spot", "forward" - percent 0,1 from the size of the regulatory capital of bank (in equivalent).

The specified requirement does not extend on:

currency transactions on conditions "swap";

transactions on purchase of the foreign currency arriving from foreign investors for increase in fixed capital of bank;

currency exchange transactions with physical persons.

Authorized banks are forbidden to perform on the stock exchanges own transactions with derivative financial instruments (derivatives) which underlying asset is the foreign currency or its rate;

3) to permit to perform transactions selling cash foreign currency or bank metals to one person in one operational (working) day in the amount which is not exceeding within one bank institution in equivalent of 3000 hryvnias.

Restriction on transaction amount selling cash foreign currency do not extend to case of carrying out such transaction by bank with physical resident person in case of simultaneous observance of the following conditions:

the physical person buys cash foreign currency and uses it only on the purpose of accomplishment of own obligations in foreign currency according to the credit agreement signed with authorized creditor bank;

the bank performs sale of cash foreign currency in the amount which is not exceeding amount of obligations in foreign currency of physical person borrower according to the credit agreement. The bank shall provide control of strict observance by physical person borrower of the requirement for target use of the purchased cash foreign currency;

4) at the request of physical persons out of limits of Ukraine transfer of foreign currency on the current currency uncommercial transactions is made:

without supporting documents from the current account in foreign currency or without its opening - on the amount which in equivalent does not exceed 15 000 hryvnias in one operational (working) day. Physical nonresident persons make such transfer based on the documents confirming sources of origin of means;

from the current account in foreign currency - on the amount which in equivalent exceeds 15 000 hryvnias, but no more than 150 000 hryvnias a month. Physical resident persons make such transfer only based on supporting documents.

The requirements for restriction of transfer amount specified in paragraph three of this subitem do not extend on:

payment of expenses on treatment in medical institutions of other state, and also on payment of expenses on transportation of patients;

payment of the expenses connected with the death of citizens abroad (transportation expenses and expenses on burial);

the transfer made based on sentences, decisions, determinations and resolutions of judicial, investigating and other law enforcement agencies;

payment of expenses on training only for payment of educational process;

money transfers, received as compensation by nonresidents in Ukraine, pension, the alimony;

payment of expenses to foreign judicial, investigating, notarial and other authorities (including tax payment, charges, other obligatory payments);

the transfer made by citizens in case of trip abroad on the permanent residence;

5) banks shall limit cash disbursement of means in national currency through cash desks and ATMs in limits to 300 000 hryvnias a day on one client. Requirements of this subitem do not extend to cash disbursement of means on:

salary payment, expenses (within the regulations established by the legislation), pensions, grants, others the social and equated to them payments (except financial support);

payments of the guaranteed compensation amounts to investors by fund of guaranteeing household deposits;

implementation of currency exchange transactions with physical persons.

6) to suspend release of savings (deposit) certificates by banks to bearer. Permit banks to issue registered savings (deposit) certificates, nominated both in national, and in foreign currencies, with the term of their address at least six months.

Repayment of earlier issued savings (deposit) certificates to bearer is performed by money transfer into the account of the certificate holder or his bearer.

Repayment of the registered savings (deposit) certificates nominated both in national and in foreign currencies, with the term of their address is performed at least six months by banks without restriction of the amounts only after approach of the term specified in this certificate;

7) authorized banks have the right ahead of schedule to pay back the deposits attracted in foreign currency on all agreement types except the deposits attracted with issue of registered savings (deposit) certificates with the term of their address at least six months in national currency on the buying rate of foreign currency of authorized bank in day of carrying out transaction;

8) banks are forbidden to grant to clients domestic currency loans (including on open credit lines and by prolongation of earlier granted loans) if in ensuring obligation fulfillment on them property rights on the means in foreign currency placed on accounts in banks are granted;

9) to set limit of common long open foreign exchange position of bank for authorized banks (L13-1) no more than 1%;

Authorized bank in case of exceeding of the established value of limit of common long open foreign exchange position (L13-1) owing to carrying out the transactions directed to increase in fixed capital has the right not to sell foreign currency in the amount of such exceeding under condition if reduction in compliance with the established value of limit of common long open foreign exchange position is performed by carrying out restructuring (change of currency of the obligation) of credit debt in foreign currency of borrowers.

The authorized bank shall submit within week term in the National Bank of Ukraine the actions plan on elimination of such exceeding within year from the date of its origin and the schedule of reduction of common long open foreign exchange position of bank to the established value of limit L13-1.

10) authorized banks shall limit issue (obtaining) of cash in foreign currency or bank metals from the current and deposit accounts of clients through cash desks and ATMs in limits to 20000 hryvnias a day on one client in equivalent on the official rate of the National Bank of Ukraine.

The specified requirement extends to issue (obtaining) of cash both within Ukraine, and beyond its limits, irrespective of the number of customer accounts in one bank.

Requirements of this subitem do not extend on:

diplomatic representations, consular establishments of foreign states in Ukraine, international financial institutions, representative offices of international financial institutions and their workers if they are not citizens of Ukraine or do not live in it constantly and accredited by the Ministry of Foreign Affairs of Ukraine;

transactions on providing expenses on business trip of workers abroad residents - legal entities and physical persons entrepreneurs and foreign missions;

11) authorized banks shall include the amount of book value of the acquired bonds of internal state loans with the indexed cost reduced by the size of the added coupon yield in calculation of common (long/short) open foreign exchange position;

12) authorized banks shall provide carrying out the weighed policy when implementing transactions on foreign exchange trade and for this purpose they shall perform:

daily monitoring of transactions of clients on purchase of foreign currency in the interbank foreign exchange market of Ukraine in general on system of bank;

actions for operation analysis of clients for purchase of foreign currency in the interbank foreign exchange market of Ukraine concerning their compliance to essence of activities of the client and his financial condition, economic feasibility and availability of the obvious legal purpose;

the strengthened currency control over the transactions of clients on purchase of foreign currency made based on agreements which for the first time move in bank.

Heads of banks shall take under personal control implementation of transactions by banks on foreign exchange trade in the interbank foreign exchange market of Ukraine;

13) to oblige authorized banks for implementation of purchase of foreign currency at the request of clients previously to enlist funds in hryvnias into the separate analytical account of the balance sheet account 2900 "Accounts Payable on Transactions on Purchase and Sale of Foreign Currency, Bank and Precious Metals for Clients of Bank" (further - the account 2900). From this account funds can be transferred for purchase of foreign currency not earlier than the fourth operational day from the date of transfer of hryvnias in this respect.

The authorized bank transfers into account 2900 such amount of means in hryvnias that it is enough for implementation of transactions on purchase of the amount of foreign currency specified in the statement transferred at the hryvnia exchange rate to foreign currency in day of transfer of funds in hryvnias into the account 2900, but not below the official rate of hryvnia to foreign currency established by the National Bank of Ukraine this day.

In case of change in the exchange rate of foreign currency in day of implementation of transaction on purchase of foreign currency authorized banks are allowed to enlist in addition funds in hryvnias into account 2 900 in the amount which is not enough for accomplishment of the statement of the client for purchase of foreign currency. If the client has no opportunity to transfer the additional amount of money for purchase of foreign currency and agrees to acquisition of the smaller amount of foreign currency, then the bank performs purchase of foreign currency on the amount, smaller, than specified in the statement for purchase of foreign currency.

The authorized bank shall provide strict observance of requirements of this subitem. With respect thereto banks shall refuse to clients crediting (advancing) in foreign currency if such funds are raised for payment of obligations of the client in foreign currency in order to avoid requirements of this subitem.

Requirements of this subitem and the subitem 18 of this Item do not extend to cases of purchase of foreign currency by physical persons for accomplishment of own obligations in foreign currency according to the credit agreements signed with authorized banks;

14) to oblige authorized banks to perform money transfer in hryvnias on the correspondent accounts of nonresident banks in hryvnias opened in authorized banks at the request of resident clients under the agreements (contracts) with nonresidents signed by these clients not earlier than the fourth operational day from the date of transfer of these funds for the separate analytical account of the balance sheet account 1919 "Other Accounts Payable on Transactions with Banks".

Requirements of this subitem and subitem 18 do not extend to transfer by resident clients for benefit of nonresidents of means in hryvnias:

under agreements (contracts), performed at the expense of target budgetary funds;

on the correspondent accounts of the European Bank for Reconstruction and Development in hryvnias opened in authorized banks;

To authorized banks to prohibit to make 15) at the request of resident clients of money transfer in hryvnias for benefit of nonresidents through the correspondent accounts of nonresident banks in hryvnias opened in authorized banks if these means in hryvnias were attracted with clients in the form of the credit;

16) to authorized bank to prohibit to make at the request of the resident client purchase of foreign currency / money transfer in hryvnias for benefit of the nonresident through the correspondent account of nonresident bank in hryvnias opened in authorized bank if such purchase of foreign currency / such money transfer in hryvnias is performed for the purpose of carrying out calculations for import of products which customs clearance was carried out till January 1, 2014 inclusive, under the external economic agreement under which there was replacement of the debtor and/or creditor in the obligation.

Residents fulfill such obligations at the expense of own (not purchased, not involved in the form of the credit, loan) means in foreign currency.

Requirements of this subitem do not extend to import transactions of residents on purchase of the vital goods determined by article 5 of the Law of Ukraine "About measures for stabilization of paying balance of Ukraine according to the article XII of the General Agreement on Tariffs and Trade of 1994";

17) the authorized bank has no right to buy foreign currency at the request of the resident client (except physical person), has means in the foreign currencies placed on the current and deposit accounts in it and/or other authorized banks. Such resident client fulfills obligations in foreign currency at the expense of the means which are available for him in foreign currency.

Control of observance of this requirement is exercised by authorized bank for date of submission of the statement by the client on purchase of foreign currency (date of provision to the National Bank of Ukraine of information on this transaction in the corresponding register).

The specified prohibition on carrying out transaction on purchase of foreign currency does not extend to case when the total amount of means in foreign currencies which are placed on the current and deposit accounts of the client in authorized banks for date of submission of the statement by the client on purchase of foreign currency is, less, than 25000 US dollars (in equivalent on the official rate of hryvnia to the corresponding currencies).

For the purposes of application of requirements of this subitem the total amount of means in foreign currencies which are placed on the current and deposit accounts of the client in authorized banks for date of submission by the client of the statement for purchase of foreign currency is determined proceeding from balance in foreign currencies on customer accounts for the beginning of this operational day (without the amounts which will arrive into customer accounts during the day) in equivalent by the official rate of hryvnia to the corresponding currencies and without means in foreign currencies:

on supplementary (deposit) customer accounts into which property rights are granted to bank as a deposit according to the agreement of pledge, on condition of ensuring continuous control and access of creditor bank to these means in case of failure to carry out by the client of obligations according to the credit agreement. The specified exception does not extend to the means placed on supplementary (deposit) bank accounts according to which property rights are granted to bank as a deposit after April 15, 2015 except cases when such provision is connected with need of covering of debt on contribution (deposit) taking into account risk of transfer of one currency in another at the level which was established till April 15, 2015 inclusive, but is not caused by replacement of pledge according to this obligation;

which were placed on deposit accounts till March 3, 2015 inclusive;

located on the account (ah) in the bank referred to category insolvent on which the procedure of temporary administration is entered or concerning which liquidation is performed;

on customer accounts which were purchased by it, but are not used in the time established by the legislation;

on customer accounts on which the payment orders which are not executed by banks in connection with their inclusion in the corresponding registers provided to the National Bank of Ukraine during the period before date of submission by the client of the statement for purchase of foreign currency inclusive were provided (except transactions of the client on which were received from the National Bank of Ukraine of the message on non-confirmation of possibility of their implementation);

on customer accounts which it is seized;

into the accounts of the intermediary client received by him under commission agreements, orders, consignments, to agency agreements and which are subject to further transfer to owners of these means;

on the deposit account of Association of the international automobile carriers of Ukraine for accomplishment of warranty obligations on transactions which are performed using books of the international road carriages according to the Customs convention about international delivery of loads using the book of MDP (Convention MDP) of 1975, in amount which was brought by participants in case of receipt in associations from January 1, 1994 to December 31, 1995;

on customer accounts which provide insurance reserves [for transactions on purchase of foreign currency by the insurers, Motor (transport) insurance bureaus of Ukraine];

arrived into the customer account as credit/loan from the Ministry of Finance of Ukraine, international financial institutions which member is Ukraine, or from international financial institutions under agreements with which Ukraine undertook to provide the legal regime provided to other international financial institutions (on condition of availability of obligations of target use of means of credit/loan);

arrived into the customer account on projects (programs) of the international technical assistance, undergone state registration, also shall be used according to the purposes stipulated by such project (program);

belonging to 3rd group of the Qualifier.

The resident client (except physical persons) for the purpose of implementation of transaction on purchase of foreign currency shall provide to authorized bank information on the total amount of means in foreign currency, placed on the current and deposit accounts of the client in authorized banks (or their absence) and information on availability at the client of the bases for application of the exceptions provided by this subitem for date of filing of application [confirmation shall be certified by the signature of the client (for legal entities - the signature of the head or person authorized by it) and print of its seal (in the presence) or if it is provided by bank account agreement - in electronic form means of the software and hardware complex "the client-bank", "client-Internet bank", etc.].

Requirements of this subitem do not extend to cases of purchase of foreign currency by the insurer - the member of nuclear insurance pool under agreements of insurance/liability reinsurance for nuclear damage with нерезидентами-страховщиками/перестраховщиками (foreign nuclear insurance pools).

Due to the introduction of the restrictions provided by this subitem, the authorized bank is allowed to perform at the request of the client exchange of foreign currency of the first group of the Qualifier for foreign currency of the 2nd group of the Qualifier for accomplishment of obligations of the client in this currency;

18) for the purpose of non-admission of unfair practice of carrying out currency transactions authorized banks create the register of transactions according to orders of clients on purchase of foreign currency / transfer out of limits of Ukraine of foreign currency / money transfer in hryvnias for benefit of nonresidents through the correspondent accounts of nonresident banks in hryvnias opened in authorized banks / money transfer is performed for benefit of nonresidents through the branches of authorized banks opened in the territory of other states (further - the register), and give it to the National Bank of Ukraine in day of obtaining from the client of the statement for purchase of foreign currency / the payment order.

If the amount of the statement for purchase of foreign currency / the payment order on transfer out of limits of Ukraine of foreign currency / the payment order on money transfer in hryvnias for benefit of the nonresident through correspondent account of the bank nonresident / the payment order on money transfer, is performed for benefit of the nonresident through the branches of authorized banks opened in the territory of other states is equal in hryvnias or more equivalent of 50 000 US dollars for date of the statement / the payment order, then the authorized bank together with the register submits copies of documents (in the scanned type) which are the basis for implementation of these transactions. Information on statements for purchase of foreign currency / payment orders on money transfer in hryvnias for benefit of the nonresident through correspondent account of nonresident bank in hryvnias / payment orders on money transfer, is performed for benefit of the nonresident through the branches of authorized banks opened in the territory of other states in which the amount is less than specified it is provided in the register in generalized view. Information on payment orders in foreign currency on money transfer out of limits of Ukraine in which the amount is less, than specified in the register is not provided.

The document package, the corresponding transactions represented to the National Bank of Ukraine for confirmation of possibility of implementation, shall contain in addition:

on transactions on commodity import - the relevant act of price examination (approval) in the cases provided by the resolution of Board of the National Bank of Ukraine of December 30, 2003 No. 597 "About the money transfer in national and foreign currency for benefit of nonresidents on some transactions" registered in the Ministry of Justice of Ukraine on February 5, 2004 at No. 159/8758 (with changes);

on transaction on purchase and/or transfer abroad the means in foreign currency received from sale by the foreign investor on the stock exchange of debt securities (except government bonds of Ukraine), - the certificate of the National commission on securities and the stock market of lack of the bases for inclusion of the issuer of such securities in the list of the issuers having fictitiousness signs and manipulation signs the prices during implementation of the corresponding transactions with such securities;

on transaction on purchase and/or transfer abroad the means in foreign currency received from sale by the foreign investor on the stock exchange of government bonds of Ukraine, - documentary confirmation that demonstrates that purchase of these securities was performed only at the expense of the means received by the foreign investor from sale of foreign currency for hryvnias and/or the means received by the foreign investor on transactions selling government bonds of Ukraine, payment on them of the income and their repayment (copies of the relevant agreements, references/statements of authorized banks, depository institutions, etc.). The requirement of this paragraph does not extend to cases of sale by the foreign investor of the government bonds of Ukraine acquired by it till March 3, 2015 inclusive.

Authorized banks are forbidden to perform operations of the client in case of obtaining from the National Bank of Ukraine of the message on non-confirmation of possibility of its implementation. The confirmed transactions can be executed not earlier than the fourth operational day from the date of submission by authorized bank of information on these transactions in the register.

For the purpose of prevention of unproductive capital outflow abroad the National Bank of Ukraine has the right to request and receive from authorized bank of the copy of the additional documents necessary for clarification of circumstances of specific transaction, information on which was provided in the corresponding register. In this case the authorized bank cannot perform such transaction until receipt of separate confirmation of the National Bank of Ukraine.

Information on money transfer which is performed at the expense of the foreign currency purchased with observance of requirements of this subitem does not require inclusion in the register for submission to the National Bank of Ukraine.

Transaction of the client, information on which was included by bank in the register which was submitted to the National Bank of Ukraine and for which implementation purchase of foreign currency was planned, can be executed by the client at the expense of own (not purchased) means in foreign currency (within agreed sum of purchase) without repeated inclusion of information on transfer of these means in the register (provided that on transaction of the client it was not received from the National Bank of Ukraine of the message on non-confirmation of possibility of its implementation).

Requirements of this subitem do not extend to purchase and/or transfer of foreign currency for the purpose of implementation of advance payments (advance payment) in foreign currency for commodity import. The procedure for confirmation of possibility of carrying out such transactions is determined by the resolution of Board of the National Bank of Ukraine of February 23, 2015 No. 124 "About features of implementation of some currency transactions";

19) cash disbursement of the means within Ukraine on electronic means of payment emitted both residents, and nonresidents, is performed in hryvnias;

20) to prohibit purchase, transfer of foreign currency for the purpose of carrying out such transactions:

on return abroad is the means received by foreign investors on transactions on security sale of the Ukrainian issuers (except cases of sale of debt securities on the stock exchanges);

on return abroad is the means received by foreign investors on transactions selling corporate laws of legal entities which are not drawn up by shares, reduction of the authorized capital of legal entities, exit from economic societies of foreign investors;

on return abroad to the foreign investor of dividends;

21) to prohibit purchase, transfer of foreign currency based on individual licenses of the National Bank of Ukraine, except:

placements by legal entities of currency values on accounts outside Ukraine;

accomplishment by the resident guarantor (guarantor) of the obligations provided with guarantee (guarantee) on the loan granted by international financial institution or with participation of foreign export credit agency;

payments by subjects of managing - residents of the admission or membership fees in foreign currency for ensuring the current activities of legal nonresident persons;

other transactions of legal entities which are performed based on individual licenses of the National Bank of Ukraine provided that the total amount of transactions within one individual license during one calendar month does not exceed 50 000 US dollars (equivalent of this amount in other currency on the official rate of hryvnia to the foreign currencies established by the National Bank of Ukraine for date of transfer);

To prohibit to authorized banks to transfer 22) from the investment account funds in hryvnias for the purpose of purchase of government bonds of Ukraine by the foreign investor. The specified restriction does not extend to transactions on acquisition by the foreign investor of government bonds of Ukraine on the stock exchanges which are performed only at the expense of the means received by the foreign investor from sale of foreign currency for hryvnias and/or the means received by the foreign investor on transactions selling government bonds of Ukraine, payment on them of the income and their repayment;

23) transfer of the charitable help by charitable organizations and money transfer by the Ministry of Health of Ukraine out of limits of Ukraine for payment of treatment of physical persons are performed based on the documents confirming need of such treatment for foreign medical institution and do not require availability of the act of price examination of the State company "State Information and Analysis Center of Monitoring of the Foreign Goods Markets" or approval of the National Bank of Ukraine, and also the individual license of the National Bank of Ukraine;

24) authorized banks are forbidden to perform transactions selling bank metals for non-cash hryvnias to legal persons / to physical persons entrepreneurs the lump exceeding within one calendar week within one bank institution on one client of 3,216 of troy ounce of gold (the equivalent of this weight in other bank metals counted on the cross-rate determined according to the official rates of bank metals, established by the National Bank of Ukraine).

Requirements of this subitem do not extend to interbank transactions and transactions on sale of bank metals by authorized banks for accomplishment by clients of the obligations in bank metals according to credit agreements;

25) the National Bank of Ukraine does not perform registration:

the changes in the agreement on attraction by the resident (except authorized bank) credit/foreign currency loan from the nonresident concerning replacement of the creditor and/or the debtor in the obligation under this credit agreement / loan agreement;

agreements on receipt of credit/foreign currency loan by the resident from other resident in case of concession the resident creditor to the nonresident of right to claim on this credit / loan.

Authorized banks are forbidden to file to the National Bank of Ukraine documents for carrying out registration in the specified cases.

The National Bank of Ukraine can make the separate decision on carrying out registration in the cases specified in paragraphs second and third this subitem if the debtor(s) and/or the creditor(s) in the corresponding obligation are subjects of managing which are connected by the control relations.

Requirements of this subitem do not extend on:

cases if replacement of the initial debtor / creditor in connection with its accession to new должнику-правопреемнику/кредитора-правопреемника and / or liquidation of the initial debtor / creditor is performed;

the agreements signed by residents with international financial institutions which member is Ukraine, and on agreements with international financial institutions on which Ukraine undertook to provide the legal regime provided to other international financial institutions.

credit agreements / loan agreements under which the credit/loan is granted/is rendered to the resident borrower with participation of foreign export credit agency;

In the cases determined by paragraphs the seventh and ninth this subitem, the document package which moves in the National Bank of Ukraine for the corresponding registration shall include the message about the agreement/message on changes in the contract with all filled Items, confirmation on the consent of authorized bank to servicing of transactions under the agreement, and also scanned copies of the agreement together with other additional agreements / agreements, documents which concern implementation of the agreement.

7. For the period of operation of this resolution other regulatory legal acts of the National Bank of Ukraine are effective in the part which is not contradicting requirements of this resolution.

8. To department of the public markets (Ponomarenko S. V.) to bring contents of this resolution to the attention of banks of Ukraine for use in work, and to banks of Ukraine - to data of clients.

9. The resolution becomes effective since September 4, 2015 and is effective till December 4, 2015 inclusive.

 

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