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RESOLUTION OF BOARD OF THE NATIONAL BANK OF UKRAINE

of January 3, 2019 No. 13

About approval of the Regulations on currency supervision

According to Articles 7, 15, 44, 56 Laws of Ukraine "About the National Bank of Ukraine", to Articles 11, 14, 15, 16 Laws of Ukraine "About currency and currency transactions", for the purpose of determination of the basic principles of implementation by the National Bank of Ukraine and authorized institutions of currency supervision, the bases and procedure for application by National Bank to authorized institutions of corrective actions for violation of requirements of the foreign exchange legislation Board of the National Bank of Ukraine DECIDES:

1. Approve Regulations on currency supervision (further - the Provision) which are applied.

2. Recognize invalid regulatory legal acts of the National Bank of Ukraine according to the list which is attached.

The National Bank of Ukraine makes the decision on application of measures of influence for violation, specified in paragraph one of Item 3 of this resolution:

to banks - according to the procedure, No. determined by the Provision 346, in the edition operating on the date of the decision making specified in the paragraph the second Item 3 of this resolution;

to non-bank financial institutions and the national operator of mail service - according to the procedure, determined by the Provision.

4. To department of methodology (Ivanenko N. V.) after official publication to inform banks information on adoption of this resolution.

5. To impose control over the implementation of this resolution on the First Deputy Chairman of the National Bank of Ukraine Rozhkova K. V.

6. The resolution becomes 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 3, 2019 No. 13

Regulations on currency supervision

I. General provisions

1. This Provision is developed according to the Laws of Ukraine "About the National Bank of Ukraine", "About currency and currency transactions" (further - the Law), to other legislation of Ukraine and regulatory legal acts of the National Bank of Ukraine (further - National Bank) and determines the basic principles of implementation by National Bank and authorized institutions of currency supervision in Ukraine, the bases and procedure for application by National Bank to authorized institutions of corrective actions for violation of requirements of the foreign exchange legislation.

2. Terms which are used in this Provision are used in such values:

1) withdrawal (cancellation) of the license (further - revocation of license) - deprivation of non-bank financial institution, operator of mail service of the right to implementation of the currency transactions provided by the license;

2) suspensions of currency transactions - temporary, for certain term, prohibition to non-bank financial institution, the operator of mail service (structural division) to perform separate types of the currency transactions provided by the license;

3) suspension of the license - temporary, for certain term, prohibition to non-bank financial institution, the operator of mail service to perform the currency transactions provided by the license;

4) the license - the license of National Bank for implementation of currency transactions or the general license for implementation of currency transactions which did not void after enforcement of the Law;

5) restriction of currency transactions - temporary, for certain term, restriction of the right of non-bank financial institution, operator of mail service to perform separate types of the currency transactions provided by the license on amounts/clients / to structural divisions;

6) the termination of currency transactions - prohibition to non-bank financial institution, the operator of mail service (structural division) to perform the separate types of currency transactions provided by the license;

7) structural division - branch, other isolated structural division, not isolated structural division, exchange bureau of foreign currency, cash desk of non-bank financial institution, object of mail service of the operator of mail service in which provision of financial services is performed;

8) fundamental breach by non-bank financial institution, operator of mail service of requirements of the foreign exchange legislation is any of the following violations:

discrepancy of balances in cash in cash desk at the time of check concerning observance of requirements of the foreign exchange legislation (further - checks) to data of the reporting certificate of cash turnovers in day and remaining balance of values on the amount in equivalent more than 50 thousand hryvnias;

implementation of currency and exchange transaction / trade by currency values in cash form without application of the registrar of settlement transactions and its reflection in accounting documents of non-bank financial institution, operator of mail service;

failure to provide by organization access to authorized employees of National Bank to systems of automation of currency transactions during exit check, to information/documents on currency transactions, and also explanations of rather performed currency transactions;

non-presentation, representation not in full, submission of doubtful information / documents about currency transactions / their copies (in electronic type / on papers), submission of documents on currency transactions / their copies (in electronic type / on papers) in which it is impossible to read all data necessary for accomplishment of functions of currency supervision by National Bank written to them, for example, on request of National Bank (the written request of National Bank or representatives on conducting check of employees of National Bank);

failure to carry out of others, except specified in paragraphs the second - the fifth the subitem 8 of Item 2 of the Section I of this provision, requirements of the regulatory legal acts of National Bank regulating procedure for conducting by authorized employees of National Bank of exit, checks not eligible to travel abroad and also checks of exchange bureaus of foreign currency in the territory of Ukraine.

Doubtful information / doubtful documents on currency transactions is provided by organization information/documents on currency transactions, not confirmed with data of source documents, materials of check, the official documents / information received from public authorities and from other sources or contradicts (at) to such data / documents / information;

9) authorized institution - bank, branch of foreign bank (further - bank), non-bank financial institution, the operator of mail service who (which) received (obtained) the banking license or the license;

10) organization - non-bank financial institution, the operator of mail service which (which) received (obtained) the license.

Other terms which are used in this Provision are used in the values determined in the Law, other legislation of Ukraine and regulatory legal acts of National Bank.

3. Date of identification of violation of requirements of the foreign exchange legislation is date of creation:

1) the act of check exit/not eligible to travel abroad of authorized institution or the inspection statement of cash desk of authorized institution (exchange bureau of foreign currency) concerning observance of established procedure of the organization and implementation of currency and exchange transactions / trade in currency values in cash form according to the regulatory legal act of National Bank regulating procedure for conducting exit, checks not eligible to travel abroad and also checks of exchange bureaus of foreign currency in the territory of Ukraine;

2) the document on identification of violations of requirements of the regulatory legal act of National Bank by organization concerning licensing of currency transactions (further - the document on detection of violations).

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