of January 2, 2019 No. 5
About approval of the Regulations on measures of protection and determinations of procedure for making of separate foreign currency transactions
According to Articles 6, of 7, 7-1, 15, of 28, of 30, of 33, of 44, of 45, of 46, of 48, of 56, of 71 Law of Ukraine "About the National Bank of Ukraine", to article 99 of the Constitution of Ukraine, Articles 2, of 6, of 9, of 12, of 13, "About currency and currency transactions" the Board of the National Bank of Ukraine DECIDES: 16 Laws of Ukraine
1. Approve Regulations on measures of protection and determinations of procedure for making of separate foreign currency transactions (further - the Provision) which is applied.
2. Enter the measures of protection determined by the Provision.
3. For the period of action of the Provision other regulatory legal acts of the National Bank of Ukraine are effective in the part which is not contradicting the Provision.
4. To department of the public markets (Ponomarenko S. V.) after official publication to inform banks information on adoption of this resolution.
5. The resolution becomes effective from the date of enforcement of the Law of Ukraine "About currency and currency transactions".
Approved by the Resolution of Board of the National Bank of Ukraine of January 2, 2019 No. 5
1. This Provision determines the measures of protection entered by the National Bank of Ukraine (further - National Bank), procedure for their application (procedure for making of currency transactions in the conditions of the measures of protection entered by this Provision), and also procedure for making of separate foreign currency transactions.
2. In this Provision terms are used in such value:
1) the automated information system of "Credit Agreements with Nonresidents" National Bank (further - AIS "Credit Agreements with Nonresidents") - complex of organizational technical means of National Bank which provides forming of centralized information base about agreements which provide accomplishment by residents of debt obligations before nonresident creditors on the loans attracted by residents, loans (including returnable financial aid);
2) the automated information system of the National Bank of Ukraine "Limits of currency transactions" (further - AIS "E-limits") - complex of organizational technical means of National Bank which provides centralized information collection about currency transactions of residents which shall be performed within limits;
3) introduction of limits on carrying out separate currency transactions (further - limits) - the measures of protection entered by National Bank by restriction of total amount of the currency transactions determined by National Bank which can be performed by residents and nonresidents during the term determined by National Bank;
4) the investment account - the current account in foreign currency 1 and 2 groups of the Qualifier of foreign currencies and bank metals approved by the resolution of Board of the National Bank of Ukraine of February 04, 1998 No. 34 (in edition of the resolution of Board of the National Bank of Ukraine of April 19, 2016 No. 269) (with changes) (further - the Qualifier), and/or in hryvnias, opened by the foreign investor in bank only for implementation of investing activities by it in Ukraine, and also for return of foreign investment and profits, the income, other means received by this foreign investor from investing activities in Ukraine, and connected with such activities of transactions according to Items 132 - 134 Sections X of this provision;
5) investment abroad - currency transaction which provides investment residents of currency values in investees abroad for the purpose of profit earning or achievement of social effect;
6) international financial institutions (further - IFI) - international financial institutions which member is Ukraine and international financial institutions under contracts with which Ukraine undertook to provide the legal regime provided to other international financial institutions;
7) 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 National Bank for transaction date) which is smaller, 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 financing of terrorism and financing of distribution of weapons of mass destruction;
8) official representations - the foreign diplomatic, consular, trade and other official missions using immunity and diplomatic privileges;
9) permanent missions - representations of the legal nonresident persons and the international organizations representing their interests in Ukraine through which business activity of nonresidents, activities of the international organizations in the territory of Ukraine is fully or partially performed;
10) relatives - the father, mother, the stepfather, the stepmother, the son, the daughter, the stepson, the stepdaughter, the grandmother, the grandfather, the great-grandmother, the great-grandfather, grandsons, great-grandsons, the brother, the sister (full and not full), cousins and sisters, the aunt, the uncle, the niece, the nephew, the adoptive father adopted the guardian or the custodian, person which is under guardianship or custody, the husband, the wife.
The term "bank metals" is used in the value determined by the Law of Ukraine "About state regulation of production, production and use of precious metals and gemstones and control of transactions with them".
The term "goods" is used in the value determined by the Law of Ukraine "About foreign economic activity".
The term "bank" is used in the value determined by the Law of Ukraine "About banks and banking activity".
The terms "foreign investors", "foreign investments" are used in the values determined by the Law of Ukraine "About the mode of foreign investment".
Other terms which are used in this Provision are used in the values determined in the laws of Ukraine and regulatory legal acts of National Bank.
3. Regulations of this provision do not regulate legal relationship with electronic money.
4. Clients (residents and nonresidents) perform currency transactions on purchase of non-cash foreign currency / bank metals and/or transfer of foreign currency / bank metals / national currency in case of availability of bases/obligations for carrying out such transactions which are confirmed by the relevant documents which are filed for implementation of purchase in banks, for translation implementation - in authorized institutions.
For separate types of currency transactions this Provision establishes features of their documentary confirmation to which banks and their clients shall adhere during the corresponding transactions.
Requirements of item 4 of the Section I of this provision do not extend to transactions in insignificant size on purchase of non-cash foreign currency by physical persons which are determined by Item 58 of the Section V of this provision, and the transactions in insignificant size on purchase of bank metals without physical delivery by physical persons, legal entities, physical persons subjects of business activity (further - physical persons entrepreneurs) during the working day within bank on one client determined by Item 37 of the Section IV of this provision.
5. Clients of authorized institutions do not file the documents testimonial of availability of bases/obligations at them for implementation of currency transactions in insignificant size on purchase of foreign currency, transfer of foreign currency / bank metals/hryvnia. Information on the purpose of purchase, the translation and documents based on which purchase, transfer to the beneficiary of means in foreign currency/hryvnia and/or bank metals is made is specified in the statement for purchase to foreign currency and/or in the payment order.
Authorized institutions independently make the decision on need of representation by the client of the documents connected with implementation of the currency transactions specified in paragraph one of Item 5 of the Section I of this provision. The client in case of request authorized institution of the documents connected with implementation of currency transactions shall submit such documents in time, established by authorized institution.
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