of February 15, 2018 No. 12
About implementation of currency transactions on the credits, loans attracted from nonresidents on separate conditions
According to Articles 7, of 15, of 25, of 30, of 44, 56 Laws of Ukraine "About the National Bank of Ukraine", to Articles 47, 66 Laws of Ukraine "About banks and banking activity", to Articles 2, of 5, of 11, No. 15-93 "About system of currency control and currency exchange control", for the purpose of streamlining of procedure for carrying out currency transactions according to the credit agreements, loan agreements providing attraction by resident borrowers of the credits, loans from nonresidents on separate conditions, the Board of the National Bank of Ukraine decides 13 Decrees of the Cabinet of Ministers of Ukraine of February 19, 1993:
1. Permit resident borrowers to perform currency transactions with nonresident creditors under credit agreements / loan agreements under the terms of which the credit/loan amount (further - the credit) is determined in hryvnias and money transfer by the nonresident creditor on loan granting and money transfers for benefit of the nonresident creditor (in connection with implementation by the resident borrower of transactions on repayment of the main credit amount, the interest payment and other payments established by this agreement) are performed only in foreign currency (further - credit agreements) if:
1) international financial institution which member is Ukraine and/or the international financial institution concerning which Ukraine undertook to provide legal regime which is provided to other international financial institutions or residents (further - IFI) is creditor according to the credit agreement signed with the resident borrower (the legal entity, physical person entrepreneur, physical person).
The resident (the borrower/debtor in the obligation according to the credit agreement and/or other person fulfilling the obligation for such borrower / debtor in the obligation) has the right to perform purchase (exchange) of foreign currency and/or transfer of foreign currency out of limits of Ukraine for benefit of IFI on account of the repayment of the main credit amount, interest payment and other payments established by the credit agreement without registration of such credit agreement in the National Bank of Ukraine without individual license of the National Bank of Ukraine on export, transfer and transfer out of limits of Ukraine of currency values.
Authorized banks serve the transactions performed between resident and IFI in accordance with the terms of the credit agreement (taking into account conditions on implementation of payments in the currency different from currency in which the credit amount is determined by the credit agreement). Purchase (exchange) of foreign currency for carrying out transactions according to the credit agreement is performed with observance of the requirements established by the regulatory legal act of the National Bank of Ukraine regulating procedure and terms of trade in foreign currency;
2) the authorized bank is borrower according to such credit agreements signed with the nonresident creditor (international financial institution and/or the other person).
Such credit agreement does not require registration in the National Bank of Ukraine. Transfer of foreign currency by authorized borrowing bank out of limits of Ukraine for the purpose of accomplishment of own obligations to the nonresident creditor according to such credit agreement is made based on the banking license and the general license for implementation of currency transactions and according to conditions of this credit agreement (taking into account conditions on implementation of payments in the currency different from currency in which the credit amount is determined by the credit agreement).
2. No. 88 "About modification of some regulatory legal acts of the National Bank of Ukraine" to exclude Item 3 of the resolution of Board of the National Bank of Ukraine of September 07, 2017.
3. To department of the public markets (Ponomarenko S. V.) after official publication to inform banks information on adoption of this resolution.
Acting as Chairman
Ya. V. Smoly
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