of January 3, 2019 No. 12
About approval of the Regulations on procedure for reservation of means in foreign currency (bank metals) on the deposits (deposits), the credits (loans) attracted with bank from nonresidents
According to article 99 of the Constitution of Ukraine, Articles 6, of 7, of 15, 56 Laws of Ukraine "About the National Bank of Ukraine", to the Law of Ukraine "About banks and banking activity", for the purpose of assistance of financial stability, including banking system stability of Ukraine, the Board of the National Bank of Ukraine DECIDES:
2. To department of the public markets (Ponomarenko S. V.) after official publication to inform banks information on adoption of this resolution.
Approved by the Resolution of Board of the National Bank of Ukraine of January 3, 2019 No. 12
1. This Provision is developed according to the Laws of Ukraine "About the National Bank of Ukraine", "About banks and banking activity" and to regulatory legal acts of the National Bank of Ukraine (further - National Bank).
2. The National Bank this Provision establishes procedure for reservation by bank, branch of foreign bank in the territory of Ukraine (further - bank) foreign currency cash (bank metals) which is received by bank under the agreement about attraction of contribution (deposit), the credit (loan) from the nonresident and subject to return / actually return bank in time, equal or it is less than 183 calendar days (further - transaction of attraction of financial resources or transaction).
3. In this Provision terms are used in such values:
1) reservation currencies - the list of foreign currencies determined by National Bank in which the bank is allowed to make money transfers, reserved for their transfer and storage on correspondent accounts of National Bank;
2) the standard rate of reservation of means on transaction (further - the standard rate of reservation) - the reserve size established by National Bank in percentage value on transaction to subject to reservation;
3) subject to reservation - the amount of means in foreign currency (bank metals) received by bank under the agreement about attraction of contribution (deposit), the credit (loan) from the nonresident which is subject to return / actually returns bank in time, equal or it is less than 183 calendar days;
4) the reservation period on transaction (further - the reservation period) - certain term during which money is reserved and stored in National Bank according to the established standard rate of reservation to subject to reservation;
5) reservation of means on transactions or reservation of transactions - forming and storage of reserves by bank on transactions in National Bank;
6) transaction term - the term which begins from the date of (date) of receipt of means by bank in foreign currency (bank metals) on the attracted credit (loan) to contribution (deposit) from the nonresident and comes to an end in day (for date) their return by bank (the actual execution of the obligation by bank under the relevant agreement).
Other terms and concepts used in this Provision are applied in the values determined by the legislation of Ukraine and regulatory legal acts of National Bank.
4. The National Bank for the purpose of preventive prevention to expansion of systemic risks owing to intensification by banks of short-term attraction of foreign currency (bank metals) on deposits (deposits), the credits (loans) from nonresidents has the right to establish the separate regulatory legal act:
1) the requirement about reservation of transactions by banks (further - the requirement about reservation of transactions);
2) size of the standard rate of reservation;
3) list of currencies of reservation;
4) the list of correspondent accounts of National Bank in the foreign currencies corresponding to reservation currencies for transfer of the funds transferred by banks for the purposes of reservation of transactions and storage of means which are reserved;
5) features of reservation of transaction taking into account type of foreign currency (bank metal), the term of the transaction which is subject to reservation.
5. The bank performs reservation of transactions in bank metals similar to procedure for reservation of foreign currency transactions.
6. The bank shall provide during action of the requirement about reservation of transactions timeliness and completeness of reservation of means in National Bank on each transaction which is subject to reservation according to the procedure established by this Provision (further - procedure for reservation).
7. The requirement about reservation of transactions and according to regulation of this Provision do not extend to deposits (deposits), the credits (loan) from the nonresident on which money is raised by bank:
1) for the term of no more than one working day, except as specified prolongation (prolongation/delay) of this term to transaction term, equal or is less, than 183 calendar days;
2) for the term determined by the agreement exceeding 183 calendar days or without specifying of term of attraction (except as specified when attraction term / the actual term of use of means changes/is reduced to the transaction term which is equal or less than 183 calendar days, and also in case of attraction of financial resources by separate part / separate tranche of the agreement / credit line for the term equal or less than 183 calendar days);
3) under the state guarantees;
4) from international financial institutions which member is Ukraine, or from international financial institutions concerning which Ukraine undertook to provide legal regime which is provided to other international financial institutions.
8. The requirement about reservation of transactions is effective concerning each transaction (taking into account branches, except for the bank branches created in the territory of other states) on which receipt of funds by bank which are raised and/or return of the raised funds (the actual execution of the obligation by bank on return of the raised funds) happens during action of the requirement about reservation of transactions.
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