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RESOLUTION OF BOARD OF THE NATIONAL BANK OF UKRAINE

of January 2, 2019 No. 7

About approval of the Instruction about procedure for currency supervision of banks of observance by residents of deadlines of calculations for transactions on export and commodity import

According to Articles 6, of 7, of 15, of 25, of 44, 56 Laws of Ukraine "About the National Bank of Ukraine", to Articles 12, 13 Laws of Ukraine "About currency and currency transactions", for the purpose of settlement of procedure by banks of currency supervision of observance by residents of the deadlines of calculations for transactions established by the National Bank of Ukraine on export and commodity import the Board of the National Bank of Ukraine DECIDES:

1. Approve the Instruction about procedure for currency supervision of banks of observance by residents of deadlines of calculations for transactions of export and commodity import (further - the Instruction) which is attached.

2. The deadlines of calculations for transactions on export and commodity import determined in Item 21 of the Section II of Provisions on measures of protection and determinations of procedure for the making of separate foreign currency transactions approved by the resolution of Board of the National Bank of Ukraine of January 2, 2019 No. 5 (further - Regulations on measures of protection), extend to incomplete transactions of resident on export and commodity import on which till February 7, 2019 it is not established by bank of violation of 180-day term of calculations (or the terms determined in the conclusion of the central executive body concerning economic policy issued on excess of the terms of calculations established by the legislation of Ukraine).

3. Banks on transactions, incomplete till February 7, 2019, on export and commodity import exercise currency supervision of observance by residents of deadlines of the calculations specified in Item 21 of the Section II of Provisions on measures of protection according to requirements of the Instruction.

4. Banks till February 6, 2019 inclusive according to the procedure, the established Instruction about procedure of control of export, import transactions approved by the resolution of Board of the National Bank of Ukraine of March 24, 1999 No. 136, registered in the Ministry of Justice of Ukraine on May 28, 1999 for No. 338/3631 (with changes) (further - the Instruction No. 136), send all messages provided by Items 5.1 - 5.8, paragraph one of Item 5.9 of Section 5 of the Instruction No. 136.

5. To department of the public markets (Ponomarenko S. V.) after official publication to inform banks information on adoption of this resolution.

6. To impose control over the implementation of this resolution on the vice-chairman of the National Bank of Ukraine Churiya A. E.

7. The resolution becomes effective from the date of, its official publication following behind day, except Items 1 - 3 presents of the resolution which become effective along with 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. 7

The instruction about procedure for currency supervision of banks of observance by residents of deadlines of calculations for transactions on export and commodity import

I. General provisions

1. This Instruction is developed according to Articles 6, of 7, of 15, of 25, of 44, 56 Laws of Ukraine "About the National Bank of Ukraine", to Articles 12, 13 Laws of Ukraine "About currency and currency transactions" and establishes procedure bank of currency supervision of observance by his resident clients (except banks) established by the National Bank of Ukraine (further - National Bank) deadlines of calculations for transactions of export and commodity import (further - deadlines of calculations) and procedure for informing National Bank by bank on observance by resident clients (except banks) and bank of deadlines of calculations.

2. Requirements of this Instruction extend to transactions on export and commodity import for which the National Bank establishes deadlines of calculations, taking into account the exceptions and (or) features established by National Bank on representation of the Cabinet of Ministers of Ukraine for separate goods, and (or) industries of economy and the minimum limiting amounts of transactions to which the deadlines of calculations established by National Bank extend.

3. In this Instruction for the purposes of implementation of currency supervision of observance by residents of deadlines of calculations the terms below are used in such value:

1) payment currency - any currency in which according to terms of the contract payment of goods is performed;

2) price currency - any currency in which according to terms of the contract the goods price is determined;

3) the conclusion - the conclusion of the central executive body which provides forming and realizes state policy in the sphere of economic development, issued on prolongation of deadlines of the calculations established by National Bank;

4) day of emergence of violation - the first day after the termination of the deadline of calculations for transaction of the export, commodity import or term established according to the conclusion which is earlier issued on this transaction established by National Bank;

5) crushing of transaction on commodity export - artificial division of delivery of goods on transaction on commodity export which assumes simultaneous availability of the following signs:

transactions on commodity export are performed by one resident;

the transactions connected among themselves by one nonresident partner and the agreement (the contract, the agreement, other document which is applied in the international practice and can be considered as the agreement);

the amount of each transaction on commodity export is less, than the size established for the 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 either financing of terrorism or financing of distribution of weapons of mass destruction (further - the insignificant amount);

the transaction amount on commodity export for calendar month exceeds the tenfold size of the transaction on the insignificant amount;

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