RESOLUTION OF BOARD OF THE NATIONAL BANK OF UKRAINE

of September 14, 2016 No. 386

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, 7-1, 15, of 25, of 30, of 33, of 44, of 45, of 55, 56 Laws 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 120 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 65 percent. The others of receipts in foreign currency remain at the disposal of residents and nonresidents and is 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 the loans granted to the resident borrower by payment by the foreign creditor of means according to obligations of this resident to the export nonresident under the external economic contract without transfer of borrowing facilities into the account of resident in authorized bank provided that such loan is granted by bank the nonresident and/or with participation of foreign export credit agency;

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;

according to the international and technical programs and projects registered according to parts five and the sixth article 66 of the Law of Ukraine "About scientific and scientific and technical activities";

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);

the offers of the competitive biddings (guarantee, pledge, deposit, the deposit) which arrived in the form of cash cover for participation of the nonresident in the competitive biddings when implementing public procurements;

the foreign investments which arrived for implementation to Ukraine;

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 seven days after day of their transfer by authorized bank;

arrived as wrong transfer.

Requirements of rather obligatory sale extend 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 April 19, 2016 of gozh No. 269) (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 of the separate analytical account of the balance sheet account 2603 "Distribution Accounts of Subjects of Managing" extends (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 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 exceeds 500 000 US dollars in equivalent).

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 18:15 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 50 000 US dollars in equivalent on the official rate of hryvnia to 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, physical persons entrepreneurs and public forming, the abbreviated name of the legal entity or surname, name, middle name of physical litsapredprinimatel, 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, innovation of the debt which arose from credit agreements / loan agreements, agreement cancelation) not earlier than the term provided by agreements. For the purposes of this subitem under the agreement it is necessary to understand the final (most remote) date determined by terms of the contract for timely accomplishment of such payment as payment due date. 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 (except case when under the agreement frequency of interest payment with annually on quarterly / monthly changes or with quarterly for every month and/or payment due date of percent it is postponed no more than for 180 days).

The National Bank of Ukraine does not perform registration of agreements on attraction by resident borrowers of the credits, foreign currency loans from nonresidents / changes in agreements which conditions do not conform to requirements of paragraph one of this subitem.

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 bank of the borrower 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 with the specified purpose is allowed within actual amount of obligatory sale of means in foreign currency which the resident borrower attracted under the new agreement to 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;

in the amount of means, the respective share of such credit, loan provided with participation of foreign export credit agency.

Requirements of this subitem do not extend to case of reducing terms of return by the resident, not being bank, to the nonresident of the main amount of credit/foreign currency loan of the 1st group of the Qualifier if such reducing is performed for the purpose of debt restructuring on credit/loan by offsetting of requirements for the main amount of such credit / loan as additional contribution (fee) of the nonresident to the authorized capital of resident in case of its increase. The document package which moves in the National Bank of Ukraine for registration of corresponding changes in the credit agreement (loan agreement) shall contain in addition the documents confirming availability of obligations to perform the restructuring specified in this paragraph, including acquisition by the nonresident of the property right to respective share of the authorized capital of resident. The authorized bank in case of control of carrying out transactions according to the credit agreement (loan agreement) shall consider that obligations on credit/loan which are restructured by the method provided by this paragraph shall stop offsetting of requirements;

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 sales (in equivalent on the official rate of hryvnia to foreign currencies and bank metals established by the National Bank of Ukraine on registration date of transactions in System of the agreement confirmation in the interbank foreign exchange market Ukraine of the National Bank of Ukraine) cannot be more:

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

on all transactions on purchase and sale of foreign currency and bank metals - 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 allowed to perform purchase of foreign currency with exceeding of the balance specified in this subitem provided that such purchase is performed at the expense of the means received from bond redemption of internal state loan with indexed cost which were considered in balance of bank as of September 02, 2014 and also provided that the bank for reduction in compliance with the established value of limit of common (long / short) open foreign exchange position performed sale of foreign currency in the corresponding amount within two working days from the date of entry into force of regulation about the obligation of banks to include the amount of book value of these bonds for calculation of common (long/short) open foreign exchange position. Purchase of foreign currency can be performed by bank within five working days, including repayment day of the specified bonds in the amount which is not exceeding amount of the sold foreign currency, but no more than the amount of book value of bonds which is included in calculation of common (long/short) open foreign exchange position.

Calculation of the balance specified in this subitem, except transactions on purchase and sale of foreign currency and bank metals, joins the total amount of the domestic government bonds nominated in foreign currency (further - the OVDP) at par value which sale is performed by bank the primary dealer according to the purchase and sale agreement OVDP signed in day of transfer by bank - the primary dealer of funds in foreign currency into the account of the State Treasury of Ukraine by results of their primary placement / additional placement (calculations for such agreement shall be perfromed no later than the second working day after day of its conclusion):

to other authorized bank (except JSC SETTLEMENT CENTER of SERVICING of AGREEMENTS IN the FINANCIAL MARKETS) which buys the OVDP from own name and at own expense (further - bank buyer). Bank - the primary dealer includes in calculation of balance the specified transaction as sale of foreign currency in day of the conclusion of the agreement, and bank buyer - as purchase of foreign currency in day of the conclusion of the agreement;

to the client (except authorized bank) provided that this client was sale of foreign currency on conditions "that" from own current/investment account opened in bank is performed (in day of the conclusion of the purchase and sale agreement OVDP) - the primary dealer, in the amount at least I will eat around the OVDP at par value purchased by this client. Bank - the primary dealer includes the specified transaction in calculation of balance as sale of foreign currency in day of the conclusion of the agreement.

The total amount of the OVDP included bank - the primary dealer in calculation of balance as sale of foreign currency shall not exceed the total amount of the OVDP at par value acquired by results of primary placement / additional placement.

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 12 000 hryvnias.

Restrictions on transaction amount selling cash foreign currency do not extend to case of carrying out such transaction by bank with physical person resident 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 about target use of the purchased cash foreign currency.

Restriction on the amount of transaction selling bank metals does not extend to the coins made of precious metals (including investment coins of Ukraine);

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;

the clearing settlements perfromed with use of electronic means of payment for payment of products and services for own consumption by physical persons;

5) to suspend release of savings (deposit) certificates by banks to bearer. Permit banks to issue the registered savings (deposit) certificates nominated in national currency (without restriction of term of their address), in foreign currency (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 in foreign currency 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;

6) 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;

7) 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 foreign currency cash placed on accounts in banks are granted;

8) 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 provided that reduction in compliance with the established value of limit of common long open foreign exchange position will be performed by carrying out restructuring (change of currency of the obligation) of credit debt in foreign currency of borrowers or other transactions.

The authorized bank shall submit within week term in the National Bank of Ukraine the actions plan on elimination of such exceeding till January 1, 2019 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;

9) 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 250 000 hryvnias a day on one client in equivalent on the official rate of the National Bank of Ukraine.

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

The requirement of this subitem does not extend on:

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

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

10) 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 performed 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;

11) 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 next operational day from the date of transfer of hryvnias in this respect on condition of lack of the notification of the National Bank of Ukraine on non-confirmation of possibility of implementation of transaction and/or the requirement of the National Bank of Ukraine concerning provision in the procedure for conclusions/documents/information established by the legislation (further the Requirement) concerning this transaction of the client according to requirements of the Instruction about procedure for forming of registers by authorized banks approved by the resolution of Board of the National Bank of Ukraine of April 7, 2016 No. 247 (with changes) (further - the Instruction).

The authorized bank transfers into account 2900 such amount of means in hryvnias which 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 2900 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.

Requirements of this subitem and the subitem 15 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.

The authorized bank the present day submits till 18:15 with use of means of System of the agreement confirmation in the interbank foreign exchange market of Ukraine of the National Bank of Ukraine information of the total amount of means which is rather available on account 2900 in hryvnias which clients of bank plan to use for purchase of foreign currency of the next operational day;

12) 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 third 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 the subitem 15 of this Item 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 13) at the request of clients of residents 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;

14) the authorized bank has no right to buy foreign currency at the request of the resident client (except physical person) who has means in the foreign currencies placed on the current and deposit accounts, on the balance sheet accounts 2602 "Means in Calculations of Subjects of Managing" as cash cover (covering) of the client on guarantees / counter / reserve letters of credit, 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 the requirement specified in this subitem is exercised by authorized bank on purchase date of foreign currency.

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 on the balance sheet accounts 2602 "Means in Calculations of Subjects of Managing" as cash cover (covering) of the client on guarantees / counter / reserve letters of credit, in authorized banks on purchase date of foreign currency is, less, than 25 000 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 on the balance sheet accounts 2602 "Means in Calculations of Subjects of Managing" as cash cover (covering) of the client on guarantees / counter/, in authorized banks on purchase date of foreign currency, is determined by reserve letters of credit proceeding from balance of the client in foreign currencies on these 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 if these means are used in day of purchase of foreign currency for implementation of payments based on payment orders which were included in the corresponding registers provided to the National Bank of Ukraine according to requirements of the Instruction and according to which there is no notification of the National Bank of Ukraine on non-confirmation of possibility of their implementation and/or concerning which the Requirement and/or payment orders which are not requiring inclusion in the corresponding registers according to requirements of the Instruction is not received;

on customer accounts if these means are used for transfer only together with the purchased foreign currency for the purpose of accomplishment of obligations on transactions on commodity import taking into account requirements of the Instruction;

on customer accounts of the resident borrower if these means are used together with the purchased foreign currency on the purpose of accomplishment of own obligations of the client to the nonresident creditor on the prisoner between them to the credit agreement / loan agreement in foreign currency taking into account regulations of the subitem of 1 this Item. These means are subject to transfer on purpose based on payment orders of the client not later than day of use of the foreign currency purchased on these purposes. The authorized bank performing servicing of transactions under the relevant credit agreements / loan agreements shall provide control of strict observance by the client of this requirement;

on customer accounts which it is seized;

on the account of the intermediary client, received by it under commission agreements, orders, consignments, to agency agreements are also subject to further transfer to owners of these means;

on customer accounts - the state company as cash cover of the competitive biddings / tenders;

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

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

relating 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 the means in foreign currency placed on the current and deposit accounts of the client, on the balance sheet accounts 2602 "Means in Calculations of Subjects of Housekeeping" as cash cover (coverings) of the client on guarantees / counter / reserve letters of credit 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 on purchase date of foreign currency [confirmation shall be certified by the signature of the client (for legal to litspodpisye 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 nonresidents by insurers/overcautious persons (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 1st group of the Qualifier for foreign currency of the 2nd group of the Qualifier for accomplishment of obligations of the client in this currency;

15) for the purpose of non-admission of unfair practice of carrying out currency transactions authorized banks create the register of transactions on purchase of foreign currency / transfer out of limits of Ukraine of the 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 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 according to procedure and in form which are determined by the Instruction.

Authorized banks are forbidden to perform the operation specified in this subitem in case of obtaining from the National Bank of Ukraine of the notification on non-confirmation of possibility of its implementation and/or the Requirement.

Transactions on which the Requirement is received do not join further authorized banks in the register until obtaining from the National Bank of Ukraine of the separate notification.

The National Bank of Ukraine has the right to obtain information, including rather financial transaction and its participants, from authorized bank and/or other official sources (including from state bodies, banks, other legal entities and/or physical persons when implementing remote supervision / exit check of other bank / organization / organization).

The National Bank of Ukraine has the right not to confirm possibility of implementation of the transaction included in the register, if on analysis results of the documents (information) received by the National Bank of Ukraine in the procedure established by the legislation from authorized bank and/or other official sources (including from state bodies, banks, other legal entities and/or physical persons, when implementing remote supervision / exit check of other bank / organization of the organization) signs which can demonstrate implementation of risk activities by banks are found, or came to conclusion that nature or effects of financial transactions can bear real or potential danger of use of bank for the purpose of legalization (washing) of income gained in the criminal way, financings of terrorism or financing of distribution of weapons of mass destruction or in case of identification by the National Bank of Ukraine of discrepancy of the transaction included in the register and/or the submitted documents to the legislation of Ukraine, regulatory legal acts of the National Bank of Ukraine.

Transaction on which there is no notification of the National Bank of Ukraine on non-confirmation of possibility of their implementation and/or concerning which the Requirement is not received are carried out not earlier than the third operational day from the date of provision by authorized bank of information on these transactions in the register.

Authorized banks are allowed to perform transactions on transfer of foreign currency out of limits of Ukraine at the request of the Public treasurer service of Ukraine in day of receipt of the payment order and to include information on this transaction in the register without submission to the National Bank of Ukraine of the relevant documents.

Authorized banks are allowed to perform transactions of clients on purchase / transfer out of limits of Ukraine of foreign currency for payment of treatment of physical persons abroad since next operational day from the date of transfer of funds in hryvnias into account 2900 (in case of purchase of foreign currency) / from the date of receipt of the payment order [in case of transfer of foreign currency at the expense of own (not purchased) means in foreign currency]. Information on the transactions specified in this paragraph joins in the register without submission to the National Bank of Ukraine of the relevant documents;

16) cash disbursement of funds within Ukraine from customer accounts of banks on which transactions are performed with use of the electronic means of payment emitted both by residents, and nonresidents via the automatic teller of self-service is performed in hryvnias;

17) to prohibit purchase, transfer of foreign currency for the purpose of return abroad of 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;

18) to prohibit purchase, transfer of foreign currency for the purpose of return abroad of the means received by foreign investors on transactions on security sale of the Ukrainian issuers (except cases of sale of government bonds of Ukraine on the stock exchanges and beyond their limits, and also sales of other debt securities on the stock exchanges);

19) to prohibit purchase, transfer of foreign currency for the purpose of return abroad to the foreign investor of dividends. This prohibition does not extend to cases purchase / transfer of foreign currency for the purpose of return abroad of dividends by the corporate rights / shares for 2014 and 2015 (further - dividends) with June 13, 2016 in case of simultaneous observance of the following conditions:

purchase/transfer of foreign currency for the purpose of return abroad of dividends is performed by the issuer of the corporate rights / shares by which dividends, or depository institution which services the account in securities of the foreign investor, or directly foreign investor are paid;

during calendar month person specified in the paragraph the second this subitem performs purchase/transfer of foreign currency for the purpose of return abroad of dividends within the total amount which cannot exceed bigger of two following extreme values - 1000000 US dollars (equivalent of this amount in other foreign currency on the official rate of hryvnia to foreign currencies established by the National Bank of Ukraine for date of implementation of the corresponding transaction) or 10 percent from the total amount of dividends, subjects / were subject to return abroad by such person. If 10 percent from the total amount of dividends, subjects / were subject to return abroad by such person, constitutes more than 5000000 US dollars (equivalent of this amount in other foreign currency on the official rate of hryvnia to foreign currencies established by the National Bank of Ukraine for date of implementation of the corresponding transaction), then during calendar month such person performs purchase/transfer of foreign currency for the purpose of return abroad of dividends within the total amount which cannot exceed 5000000 US dollars (equivalent of this amount in other foreign currency on the official rate of hryvnia to foreign currencies established by the National Bank of Ukraine for date of implementation of the corresponding transaction);

person specified in the paragraph the second this subitem performs purchase / transfer of foreign currency for the purpose of return abroad of dividends through one authorized bank (at the choice of such person). Change of the authorized bank servicing these transactions is allowed to be carried out based on the corresponding written appeal of the client to authorized bank in which the client is transferred to servicing (the written address shall contain permission of the client to receipt of information on incomplete calculations for return of dividends from authorized bank through which such calculations were perfromed). The authorized bank in which the client is transferred to servicing no later than the third working day from the date of receipt of the written address of the client shall address to authorized bank through which earlier corresponding calculations were perfromed, for receipt of all information on incomplete calculations for return of dividends which is available for it (exchange of information between banks is performed by means of e-mail of the National Bank of Ukraine);

20) 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 entities of nonresidents;

purchase, transfer of foreign currency for placement by banks - participants of international payment systems of security deposit in foreign currency on accounts of international payment systems outside Ukraine for providing obligations when implementing transfers outside Ukraine;

other transactions of the legal entities 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 foreign currencies established by the National Bank of Ukraine for date of transfer);

To prohibit to authorized banks to transfer 21) 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 the transactions on acquisition by the foreign investor of government bonds of Ukraine 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;

22) 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 individual license of the National Bank of Ukraine;

23) authorized banks are forbidden to perform transactions selling bank metals for non-cash hryvnias to physical persons / 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;

To resolve 24) to authorized bank which is the owner of the individual license on transfer of foreign currency out of limits of Ukraine for carrying out the currency transactions provided by the paragraph the fourth Item 1.2 of Chapter 1 of the Regulations on procedure for issue of individual licenses on transfer of foreign currency out of limits of Ukraine for payment of bank metals and the carrying out separate currency transactions approved by the resolution of Board of the National Bank of Ukraine of June 17, 2004 No. 266, No. 897/9496 registered in the Ministry of Justice of Ukraine on July 16, 2004 (with changes), to transfer foreign currency to the nonresident receiver of means on such currency transaction directly into its investment account opened in authorized bank on condition of further use of these funds only for the purposes of increase in the capital of this bank. Transfer of foreign currency to the investment account of the receiver based on this subitem is allowed to be performed during effective period of the corresponding individual license and within the amount of the foreign currency provided by this license (taking into account the transfers which are carried out based on such license according to the paragraph the fifth the subitem 20 of this Item).

7. Prohibit to physical persons to perform transactions in cash form based on individual licenses of the National Bank of Ukraine.

The requirements provided by paragraph one of this Item do not extend to transactions which are performed based on the individual licenses of the National Bank of Ukraine granted before entry into force of this resolution.

8. The bases for refusal by the National Bank of Ukraine in issue of individual licenses / changes to physical persons to them (in addition to the bases established by regulatory legal acts of the National Bank of Ukraine which determine procedure for issue of the corresponding individual licenses) are established in the subitem 20 of Item 6 and paragraph one of Item 7 of this resolution of prohibitions/restriction for carrying out the corresponding transactions.

9. 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.

10. 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.

11. The resolution becomes effective since September 15, 2016 and is effective till December 15, 2016 inclusive.

 

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