RESOLUTION OF BOARD OF THE NATIONAL BANK OF UKRAINE

of December 13, 2016 No. 410

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

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. No. 41 is excluded according to the Resolution of Board of the National Bank of Ukraine of 25.05.2017

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 50 percent. Other receipts 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 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 in the form of cash cover (the guarantee fee, pledge, deposit, the deposit, guarantee) for participation of the nonresident in auctions/biddings/tenders;

the paragraph the twelfth is excluded;

arrived for implementation of foreign investments 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;

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.

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 April 19, 2016 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 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 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 No. 269) (with changes) (further - 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 or 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 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, 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).

Authorized banks have no right to initiate carrying out by the National Bank of Ukraine registration of agreements on attraction by resident borrowers of the credits, foreign currency loans from nonresidents/modification of registration of such agreements if conditions of these agreements / changes to agreements do not conform to requirements of paragraph one of the subitem 1 of Item 6 of this resolution.

Requirements of the subitem 1 of Item 6 of this resolution do not extend to repayment of credits/loans (taking into account percent and other payments established by the credit agreement / loan agreement) in such cases:

Repayment of credits/loans by authorized borrowing bank;

repayment of credits/loans for benefit of foreign creditor bank;

repayment of credits/loans at the expense of the funds raised by the resident borrower under other credit contract / 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 such means in comparison with conditions of the provisional credit agreement / loan agreement (further - the provisional agreement) and such means are not used by the borrower on any other purposes, except early execution of own obligations according to the provisional agreement;

repayment of the credits/loans granted with the assistance of international financial institutions which member is Ukraine or international financial institutions under agreements with which Ukraine undertook to provide legal regime which is provided to other international financial institutions (further in the subitem 1 of Item 6 of this resolution - IFI), and also repayments of credits/loans in the amount which corresponds to the amount of the obligation of IFI which provides accomplishment of payment transactions of the servicing bank under the agreement and/or foreign banks on the guarantees/counterguarantees/reserve letters of credit which are provided/drawn up for the purpose of ensuring repayment of credits/loans of the resident borrower;

repayment of credits/loans by the resident borrower for benefit of the creditor's nonresident if IFI is member (shareholder) of such resident borrower and/or the nonresident creditor;

reducings 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 resident borrower in authorized bank of Ukraine for registration of corresponding changes in the credit agreement (loan agreement) may 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 exclusively specified transfer;

reducings repayment periods by authorized bank to the nonresident of credit/loan if such reducing is performed for the purpose of discharge of authorized bank of such credit / loan by offsetting of counter claims of the same kind between the nonresident and authorized bank. The document package which moves in the National Bank of Ukraine for registration of corresponding changes in the credit agreement / loan agreements may contain in addition the documents confirming availability of the bases to perform the restructuring specified in this paragraph, including availability of requirements which will be imposed to transfer. Obligations on credit/loan which are restructured by the method provided by this paragraph shall stop exclusively specified transfer;

Repayment of credit/loan if (fully or partially) participates in realization of such credit / loan (by crediting, insurance, providing, the guarantee) the foreign person into whose list of participants (shareholders) the foreign state or foreign bank enters [provided that the foreign state is member (shareholder) of this bank]. The foreign state about which it is told in the specified case shall belong to the countries having official rating assessment categories A, confirmed in the bulletin of one of the leading world rating companies are not lower (Fitch Ratings, Standard & Poor's, Moody's).

satisfaction of requirements of the nonresident creditor to the resident borrower who is liquidated, under the credit agreement / loan agreement according to procedure (priority) satisfaction of requirements of creditors, certain legislation of Ukraine;

Repayment of credit/loan if the foreign state through persons authorized by it participates (by crediting, insurance, providing, the guarantee of guaranteeing) in realization of such credit / loan (fully or partially);

in other cases of early repayment by the resident borrower of credits/loans for benefit of nonresidents if the total amount of such early repayment under the credit agreements / agreements of loans serviced within one authorized bank does not exceed 2 000 000 US dollars during calendar month (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).

2) No. 31 Is excluded according to the Resolution of Board of the National Bank of Ukraine of 29.03.2018;

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 in equivalent of 150000 hryvnias within one/one bank / financial institution.

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.

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

4) it is excluded;

5) No. 81 Is excluded according to the Resolution of Board of the National Bank of Ukraine of 22.08.2017;

6) No. 81 Is excluded according to the Resolution of Board of the National Bank of Ukraine of 22.08.2017;

7) No. 82 Is excluded according to the Resolution of Board of the National Bank of Ukraine of 29.08.2017;

8) to allow authorized bank in case of exceeding of the limit of common long open foreign exchange position set by the National Bank of Ukraine of value (not to sell to L13-1) owing to carrying out the transactions directed to increase in fixed capital foreign currency in the amount of such exceeding provided that reduction in compliance to 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) No. 81 Is excluded according to the Resolution of Board of the National Bank of Ukraine of 22.08.2017;

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 of implementation by banks of transactions 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.

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 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 to 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)  No. 23 is excluded according to the Resolution of Board of the National Bank of Ukraine of 21.03.2017

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) it is excluded;

15) No. 135 Is excluded according to the Resolution of Board of the National Bank of Ukraine of 21.12.2017.

Authorized banks have no right to perform the operations specified in this subitem from the moment of obtaining from the National Bank of Ukraine of the Requirement with prohibition provided by the Instruction until obtaining from the National Bank of Ukraine of the separate message;

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 allow purchase/transfer of foreign currency for the purpose of return abroad of the means received by foreign investors on transactions on security sale, corporate laws, money received as a result of reduction of the authorized capital of legal entities, exit from economic societies of foreign investors, only in case of simultaneous observance of the following conditions:

purchase/transfer of foreign currency for this purpose performs resident [the buyer of valuable papers / corporate laws; the legal entity whose authorized capital decreases / which leaves the participant - the foreign investor; intermediary (broker, attorney)] or foreign investor;

during calendar month person specified in the paragraph the second the subitem 17 of Item 6 of this resolution performs purchase/transfer of foreign currency for this purpose 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 the foreign currencies established by the National Bank of Ukraine for date of implementation of the corresponding transaction);

person specified in the paragraph the second the subitem 17 of Item 6 of this resolution performs purchase/transfer of foreign currency for this purpose through one authorized bank (at the choice of such person). Change of the authorized bank servicing such transactions is allowed to be carried out based on the written address of the client of 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 such transactions from authorized bank / liquidator of bank / the legal entity who was formed as a result of liquidation of bank according to the decision of owners through which, (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 such calculations were perfromed earlier, for receipt of all information on incomplete calculations which is available for it (exchange of information between banks, between bank and the liquidator of bank is performed by means of e-mail of the National Bank of Ukraine). 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 addresses the liquidator of bank / the legal entity who was formed as a result of liquidation of bank according to the decision of owners through which, (which) such calculations, for receipt of all information on incomplete calculations which is available for he (she) were perfromed earlier. The letter with required information on incomplete calculations, is provided by the liquidator of bank who does not use means of e-mail of National Bank, or the legal entity who was formed as a result of liquidation of bank according to the decision of owners, on paper фельдсвязью, special communication, mail service (the registered or registered letter) only in that bank in which the client resolved this request, is signed by the head and/or the authorized person of such liquidator of bank or the legal entity who was formed as a result of liquidation of bank according to the decision of owners. The authorized bank after receipt of the letter with information on paper shall perform reliability of the acquired information, receive confirmation of the fact of signing of this letter by the head and/or authorized person;

The restrictions provided by the subitem 17 of Item 6 of this resolution do not extend to purchase/transfer of foreign currency for the purpose of return abroad of the means received by foreign investors on transactions selling government bonds of Ukraine on the stock exchanges and beyond their limits and also sales of debt/listing securities on the stock exchanges;

18) it is excluded;

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 the period till 2017 (inclusive) (further - dividends) since 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 the subitem 19 of Item 6 of this resolution performs purchase/transfer of foreign currency for the purpose of return abroad of Dividends within the total amount which cannot exceed 7 000 000 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 the subitem 19 of Item 6 of this resolution 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 written address of the client of 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 / liquidator of bank / the legal entity who was formed as a result of liquidation of bank according to the decision of owners through which, (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 such calculations were perfromed earlier, for receipt of all information on incomplete calculations for return of Dividends which is available for it (exchange of information between banks, between bank and the liquidator of bank is performed by means of e-mail of the National Bank of Ukraine). 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 addresses the liquidator of bank / to the legal entity who was formed as a result of liquidation of bank according to the decision of owners through which, (which) such calculations, for receipt of all information on incomplete calculations for return of Dividends which is available for he (she) were perfromed earlier. The letter with information on incomplete calculations for return of Dividends, is provided by the liquidator of bank who does not use means of e-mail of National Bank, or the legal entity who was formed as a result of liquidation of bank according to the decision of owners, on paper фельдсвязью, special communication, mail service (the registered or registered letter) only in that bank in which the client resolved this request, is signed by the head and/or the authorized person of such liquidator of bank or the legal entity who was formed as a result of liquidation of bank according to the decision of owners. The authorized bank after receipt of the letter with information on paper shall perform reliability of the acquired information, receive confirmation of the fact of signing of this letter by the head and/or authorized person;

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;

transactions of the physical persons which are not subjects of business activity, based on the individual licenses of the National Bank of Ukraine electronically granted by means of the automated information system of the National Bank of Ukraine "The register of individual licenses on implementation of currency transactions by physical persons" according to the procedure, determined by the separate regulatory legal act of the National Bank of 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;

purchases, transfer of foreign currency by banks, non-bank financial institutions for placement of security deposit in foreign currency on accounts of international payment systems outside Ukraine for providing obligations when implementing transfers outside Ukraine;

transactions of legal entities which are performed based on individual licenses of the National Bank of Ukraine on implementation of investments abroad provided that the total amount of transactions within one individual license within one calendar year does not exceed 2000000 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);

Transfer by the resident debtor of means to authorized bodies of foreign state within which competence according to the legislation of foreign state questions on execution of judgments and/or decisions of the international commercial arbitrations are provided that the specified money transfer is performed for the purpose of accomplishment of judgments, decisions of the international commercial arbitrations;

transfer by the resident debtor of means to authorized persons of foreign state within which competence according to the legislation of foreign state the question on execution of judgments and/or decisions of the international commercial arbitrations is provided that the specified money transfer is performed for the purpose of accomplishment of judgments, decisions of the international commercial arbitrations, satisfaction of requirements of the specified authorized persons of foreign state about collection of court, executive and / or administrative fees, expenses of the judicial and executive productions assigned to person debtor according to the legislation of foreign state. The foreign state about which there is a speech in paragraphs eight and the ninth the subitem 20 of Item 6 of this resolution shall belong to the countries having official rating assessment categories A, confirmed in the bulletin of one of the leading world rating companies are not lower (Fitch Ratings, Standard & poor "s, Moody" s); 

Other transactions of legal entities (except authorized banks) 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 foreign currencies established by the National Bank of Ukraine for date of transfer). Authorized banks perform transactions on transfer of foreign currency based on individual licenses of the National Bank of Ukraine within the amount of the foreign currency provided by this license;

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 - the 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;

To permit authorized borrowing bank to return 25) to the nonresident - the creditor of means on credit/foreign currency loan (taking into account percent and other payments established by the relevant credit agreement / to the loan agreement) it is direct into the investment account of such nonresident creditor on condition of further use of these funds for increase in the capital of this authorized bank.

 26) to prohibit to authorized banks to perform purchase of foreign currency at the request of clients at the expense of the funds in hryvnia raised by these clients in the form of the credit. The responsibility for violation of requirements of the subitem 26 of Item 6 of this resolution is conferred on authorized banks.

Requirements of the subitem 26 of Item 6 of this resolution do not extend to the transactions performed:

physical person at the expense of borrowing facilities in hryvnia for the purpose of accomplishment of own obligations to authorized creditor bank under the agreement of consumer crediting in foreign currency;

the subject of managing - resident of Ukraine at the expense of the borrowing facilities in hryvnia raised by this subject under the state guarantee for the purpose of financing of the programs approved by the Cabinet of Ministers of Ukraine connected with increase in defense capability and safety of the state (within the amount on which the corresponding state guarantee is issued).

7.  No. 14 is excluded according to the Resolution of Board of the National Bank of Ukraine of 23.02.2017

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  the prohibitions/restriction for carrying out the corresponding transactions established in the subitem 20 of Item 6 of this resolution.

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 December 16, 2016 and is effective before adoption of the separate resolution of Board of the National Bank of Ukraine by the National Bank of Ukraine in the absence of signs of unstable financial condition of bank system, circumstances menacing to stability of bank and/or financial system of Ukraine except Items 1 and 2 of this resolution which void on June 16, 2017.

 

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