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RESOLUTION OF BOARD OF THE NATIONAL BANK OF UKRAINE

of January 2, 2019 No. 8

About approval of the Regulations on procedure by authorized institutions of the analysis and verification of documents (information) on currency transactions

(In edition of the Resolution of Board of the National Bank of Ukraine of 05.02.2019 No. 33)

According to Articles 6, of 7, of 15, of 55, 56 Laws of Ukraine "About the National Bank of Ukraine" and being guided by articles 66 and 67 of the Law of Ukraine "About banks and banking activity", article 11 of the Law of Ukraine "About currency and currency transactions", for the purpose of prevention of carrying out currency transactions which do not meet the requirements of the legislation of Ukraine, the Board of the National Bank of Ukraine DECIDES:

1. Approve Regulations on procedure by authorized institutions of the analysis and verification of documents (information) on currency transactions which are applied.

2. Recognize invalid:

2) the subitem 2 of Item 2 of the resolution of Board of the National Bank of Ukraine of May 25, 2017 No. 43 "About modification of some regulatory legal acts of the National Bank of Ukraine";

3) Item 2 of the resolution of Board of the National Bank of Ukraine of October 3, 2017 No. 98 "About modification of some regulatory legal acts of the National Bank of Ukraine";

4) Item 1 of the resolution of Board of the National Bank of Ukraine of December 21, 2017 No. 135 "About modification of some regulatory legal acts of the National Bank of Ukraine";

5) the subitem 3 of Item 3 of the resolution of Board of the National Bank of Ukraine of July 20, 2018 No. 83 "About modification of some regulatory legal acts of the National Bank of Ukraine".

3. To department of financial monitoring (I.V. Birch) after official publication to inform banks information on adoption of this resolution.

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

5. 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 2, 2019 No. 8

Regulations on procedure authorized institutions of the analysis and verification of documents (information) on currency transactions

1. This Provision is developed according to the Laws of Ukraine "About the National Bank of Ukraine", "About banks and banking activity", "About currency and currency transactions" (further - the Law on currency) for the purpose of prevention of carrying out by authorized institutions by their clients through these organizations of currency transactions which do not meet the requirements of the legislation of Ukraine.

Requirements of this Provision extend on: banks, non-bank financial institutions and operators of mail service who obtained the banking license or the license of the National Bank of Ukraine (further - National Bank) on implementation of currency transactions or the general license for implementation of currency transactions which did not void after enforcement of the Law on currency (further - authorized institutions).

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

1) sources of origin of means (assets) - documented [based on official documents, properly certified their copies or other sources if such information is public (open)] data which give the chance to draw valid conclusion on availability of the sufficient financial opportunities of the subject of currency transaction adequate to its financial condition and/or the social status;

2) crushing of currency transaction - artificial division of total amount of currency transaction which is subject to the analysis and check according to requirements of this provision, provides simultaneous availability of the following signs:

currency transactions are performed by one person;

currency transactions are connected among themselves by one partners, the bases (the agreement, the contract, the agreement, other document which are applied in the international practice and can be considered as the agreement), purpose of currency transaction;

each currency transaction is performed on the amount which is less, than the size (in equivalent on the official rate of hryvnia to foreign currencies established by National Bank for transaction date) 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 of currency transaction);

currency transactions are performed at least than three times in calendar week and/or ten times in calendar month;

total amount of currency transactions for calendar week exceeds the double size and/or for calendar month - the eightfold size (in equivalent on the official rate of hryvnia to foreign currencies established by National Bank for transaction date) 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;

other signs of crushing of currency transactions established at own discretion authorized institution;

3) economic feasibility (sense) of currency transaction - the reasoned reasons that such currency transaction is directed to achievement of economic result, the economic or personal targets which do not violate the requirement of the legislation of Ukraine or are not directed to such violations;

4) the indicator - the sign established by National Bank and authorized institutions or set of signs of currency transactions, participants of currency transactions and their intentions / actions which are subject to the additional analysis and check and/or give the chance to reveal doubtful currency transactions;

5) doubtful currency transaction - currency transaction, nature or consequences of carrying out which give the grounds to believe that it can be connected with prevention and/or failure to meet requirements and restrictions, stipulated by the legislation Ukraine;

6) the participant of currency transaction - the subject of currency transaction (the resident and/or the nonresident who performs currency transactions through authorized institution), his partner and also persons who act from their name or in their interests, or persons, from name or for the benefit of whom the subject of currency transaction, his partner act.

Other terms which are used in this Provision are used in the values determined by the laws of Ukraine and regulatory legal acts of National Bank.

3. The authorized institution shall provide the comprehensive analysis and verification of documents (information) on currency transactions if submission of the relevant documents (information) is stipulated by the legislation Ukraine which are the basis for:

1) purchases of foreign currency for the purpose of implementation of calculations/money transfers out of limits of Ukraine, into investment accounts, current accounts of nonresidents - legal entities, opened in Ukraine;

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