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RESOLUTION OF BOARD OF THE NATIONAL BANK OF UKRAINE

of January 2, 2019 No. 2

About approval of the Regulations on implementation of transactions with currency values

According to Articles 6, of 7, of 15, of 44, of 45, 56 Laws of Ukraine "About the National Bank of Ukraine", for the purpose of implementation of requirements of the Law of Ukraine "About currency and currency transactions" the Board of the National Bank of Ukraine DECIDES:

1. Approve Regulations on implementation of transactions with currency values which are applied.

2. To department of the public markets (Ponomarenko S. V.) after official publication to inform banks of Ukraine, and to banks - to data of clients information on adoption of this resolution.

3. The resolution becomes effective from the date of enforcement of the Law of Ukraine "About currency and currency transactions".

Chairman

Ya. Smoly

Approved by the Resolution of Board of the National Bank of Ukraine of January 2, 2019 No. 2

Regulations on implementation of transactions with currency values

I. General provisions

1. This Provision establishes:

1) procedure of transactions on purchase, sales, exchange of non-cash foreign currency / bank metals without physical delivery;

2) procedure for carrying out cross-border transfers out of limits of Ukraine and payment of cross-border transfers to receivers in Ukraine;

3) procedure and features of carrying out trade in currency values in cash form (transaction with bank metals with physical delivery and/or currency exchange transactions);

4) procedure for carrying out calculations for currency transactions.

2. In this Provision terms are used in such values:

1) residents - physical persons - physical persons - citizens of Ukraine, foreign citizens, stateless persons, refugees, persons who need additional protection which take the permanent place of residence in the territory of Ukraine that is confirmed by the relevant document which according to the legislation of Ukraine includes information on the place of residence of person in the territory of Ukraine, including the passport / the passport document or the document replacing it the certificate on permanent residence, including those which temporarily are located abroad, the physical persons entrepreneurs registered according to the legislation of Ukraine;

2) the insignificant amount of currency transaction (further - the insignificant size) - the amount of currency transaction (in equivalent on the official rate of hryvnia to foreign currencies established by the National Bank of Ukraine for transaction date) which is less than the size established for financial transactions which are subject to obligatory financial monitoring according to the legislation in the sphere of prevention and counteraction of legalization (washing) of income gained in the criminal way, to financing of terrorism and financing of distribution of weapons of mass destruction;

3) nonresidents - physical persons - physical persons (foreign citizens, citizens of Ukraine, stateless persons) which take the permanent place of residence outside Ukraine (registration), including those which temporarily are in the territory of Ukraine.

Other terms which are used in this Provision are used in the values determined in the Law of Ukraine "About currency and currency transactions" (further - the Law), both other laws of Ukraine and regulatory legal acts of the National Bank of Ukraine.

3. Regulations of this provision do not regulate legal relationship with electronic money.

4. Treat the current currency transactions:

1) calculations for export and commodity import (including payment of penalties, penalty fee, bonuses, compensation of the accompanying expenses in connection with execution of the external economic agreement, indemnification in connection with failure to carry out of the external economic agreement), including such calculations in the territory of Ukraine;

2) payments in the form of percent on the credits (loans);

3) the payments in the form of dividends on corporate laws, interest incomes on securities and other income (profits) on objects of investing activities which are not connected with their alienation, sale, liquidation, reduction of the authorized capital;

4) payment in the form of the percent added on means on the current, supplementary (deposit) accounts;

5) transactions on compensation, payments of grants, pensions, the alimony, government assistance, financial support, the help to relatives, the charitable and humanitarian assistance, payments and compensations, including payments for indemnification, caused to workers owing to mutilation, occupational disease or other damage of health connected with execution of labor obligations by them, to the victims of political repressions, the victims of Nazi prosecutions, members of their families and heirs, compensations on insured events, payments of awards, prizes, the inherited means, means according to gift agreements;

6) payments based on sentences, decisions, determinations and resolutions of judicial authorities, and also investigating and other law enforcement agencies;

7) payment of the expenses connected with the death of physical persons abroad (transportation expenses and expenses on burial);

8) transactions on payment of the payments having binding character, to foreign judicial, investigating, arbitral, notarial and other authorities (including tax payment, charges and other obligatory payments) in foreign states, expenses of foreign lawyers in case of initiation of judicial or criminal cases abroad;

9) payment of charges (duty) on the actions connected with protection of the rights to objects of intellectual property right including fee which are provided by patent authorities of other countries, and services of patent agents abroad;

10) payment of treatment by physical persons in medical institutions in foreign state, and also payment of transportation of patients on treatment abroad;

11) payment by physical persons of training and training in educational institutions in foreign state, expenses, related;

12) payment by physical persons of participation in the international symposiums, seminars, conferences, the congresses, exhibitions, fairs, cultural and sporting events, and also other international meetings which take place in the territories of foreign states;

13) payment by physical persons of literature and subscription editions which are published abroad;

14) payment of the expenses connected with overseas business trip;

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