RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of December 6, 2017 No. 936

About provision in 2017 of the state guarantee according to obligations of the state company "The national atomic power generation company "Energoatom"

According to the subitem "an" of Item 1 of article 6 of the Law of Ukraine "About the Government budget of Ukraine for 2017" the Cabinet of Ministers of Ukraine decides:

1. Agree with the offer of the Ministry of Energy and Coal Industry on provision in 2017 of the state guarantee for ensuring accomplishment of debt obligations of the state company "The national atomic power generation company "Energoatom" on the credit (I will borrow) in the amount 250 000 thousand dollars of the USA, the fulfilled nuclear fuel of VVER NPPs reactors of Ukraine attracted by it to financing of the investment project (state) "Construction of centralized storage" (further - borrowings).

2. Approve provision Conditions in 2017 of the state guarantee for ensuring accomplishment of debt obligations on the credit (loan) attracted by the state company "The national atomic power generation company "Energoatom" which are applied.

3. Determine that operation of the resolution of the Cabinet of Ministers of Ukraine of February 23, 2011 No. 131 "About approval of the Regulations on risk management, connected with provision of the state guarantees, and distribution of these risks between the state, creditors and borrowers" (The Official Bulletin of Ukraine, 2011, No. 14, of the Art. 569) does not extend to provision of the state guarantees on borrowings.

4. Authorize the Minister of Finance to sign the agreement on provision of the state guarantee for ensuring accomplishment of debt obligations on loans and other related documents, in particular, the arbitral agreement.

5. To the Ministry of Energy and Coal Industry to exercise control of target use of borrowing and financial condition of the state company "The national atomic power generation company "Energoatom".

6. To the Ministry of Energy and Coal Industry, the Ministry of Economic Development and Trade in the procedure established by the legislation to perform monitoring of condition of implementation of the investment project (state) "Construction of centralized storage of the fulfilled nuclear fuel of VVER NPPs reactors of Ukraine" and to carry out efficiency analysis of provision of the state support for project implementation.

7. Provide to the Ministry of Energy and Coal Industry coordination of provision of the state guarantee, the stipulated in Item 1 this resolution, with Committee of the Verkhovna Rada of Ukraine concerning the budget.

Approved by the Resolution of the Cabinet of Ministers of Ukraine of December 6, 2017 No. 936

Provision conditions in 2017 of the state guarantee for ensuring accomplishment of debt obligations on the credit (loan) attracted by the state company "The national atomic power generation company "Energoatom"

1. These Conditions govern the relations connected with provision of the state guarantee for ensuring accomplishment of debt obligations of the state company "The national atomic power generation company "Energoatom" (further - the borrower) on the loan (loan) attracted for financing of the investment project (state) "Construction of centralized storage of the fulfilled nuclear fuel of VVER NPPs reactors of Ukraine" (further - the state guarantee).

2. The state guarantee is provided for ensuring full implementation of debt obligations of the borrower on the credit (loan) which amount constitutes 250000 thousand dollars of the USA (further - borrowings), including obligations on repayment of the main amount, interest payment, the commissions and other obligations on borrowings.

3. The Corporation of foreign private investments (Overseas Private Investment Corporation) which provides insurance in connection with borrowing and to which can pass rights to claim against the borrower on loan can also be the agreement party about provision of the state guarantee, except the creditor (creditor) and the guarantor.

4. Ensuring obligation fulfillment of the borrower on the state guarantee is the right of contractual write-off of funds from the accounts of the borrower opened in banks, in the procedure determined by the legislation in the amount of at least 100 percent of the amount of debt obligations of the borrower on borrowings.

5. The payment for provision of the state guarantee is established in the amount of 0,5 of annual interest rate of outstanding amount of borrowing.

6. Before provision of the state guarantee the borrower provides coordination of attraction of borrowing according to the Procedure for coordination of attraction by the state companies, including economic societies (except banks) in which authorized capital 50 and more percent of shares (share, shares) belong to the state, the credits (loans), provision of guarantees or the guarantee according to such obligations approved by the resolution of the Cabinet of Ministers of Ukraine of June 15, 2011 No. 809 (The Official Bulletin of Ukraine, 2011, No. 58, of the Art. 2325).

7. The Ministry of Finance and the borrower before provision of the state guarantee sign the agreement on debt repayment before the state for accomplishment of warranty obligations.

8. The state guarantee is provided for a period of up to full implementation of obligations on borrowings.

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