RESOLUTION OF BOARD OF THE NATIONAL BANK OF UKRAINE

of December 13, 2017 No. 129

About introduction of obligatory sale of receipts in foreign currency and establishment of the amount of obligatory sale of such receipts

According to article 387 of the Economic code of Ukraine, Articles 7, 7-1, 15, of 25, of 44, of 45, 56 Laws of Ukraine "About the National Bank of Ukraine", to Articles 6, of 11, 13 Decrees of the Cabinet of Ministers of Ukraine of February 19, 1993 No. 15-93 "About system of currency control and currency exchange control", and also for the purpose of maintenance of stability of the foreign exchange market of Ukraine the Board of the National Bank of Ukraine decides:

1. Establish the requirement for obligatory sale in the interbank foreign exchange market of Ukraine of the receipts in foreign currency from abroad for benefit of legal entities which are not authorized banks, physical persons entrepreneurs, foreign missions (except official representations), into the accounts opened in authorized banks for conducting joint activities without creation of the legal entity, and also revenues in foreign currency into the accounts of residents opened outside Ukraine based on individual licenses of the National Bank of Ukraine.

The receipts in foreign currency specified in paragraph one of this Item are subject to obligatory sale in the interbank foreign exchange market of Ukraine, including directly to the National Bank of Ukraine, in the amount of 50 percent. Other receipts in foreign currency remain at the disposal of residents and nonresidents and is used by them according to rules of currency control.

2. Receipts in foreign currency are not subject to obligatory sale in the interbank foreign exchange market of Ukraine:

1) for benefit of the state or under the state guarantees;

2) on the credits, loans attracted according to international treaties of Ukraine which consent to be bound is provided by the Verkhovna Rada of Ukraine or from international financial institutions which member is Ukraine, or from international financial institutions under agreements with which Ukraine undertook to provide the legal regime provided to other international financial institutions;

3) on the loans granted to the resident borrower by payment by the foreign creditor of means according to obligations of this resident to the export nonresident under the external economic contract without transfer of borrowing facilities into the account of resident in authorized bank provided that such loan is granted by nonresident bank and/or with participation of foreign export credit agency;

4) on projects (programs) of the international technical assistance which underwent state registration;

5) on projects which are performed based on agreements between Ukraine and the European Union on participation of Ukraine in the international programs of the European Union;

6) according to the international and technical programs and projects registered according to parts five and the sixth article 66 of the Law of Ukraine "About scientific and scientific and technical activities";

7) in the form of grants from international financial institutions which member is Ukraine, for benefit of legal resident person whose financing is performed at the expense of such grants and in whose governing bodies the Government of Ukraine participates;

8) arrived in the form of cash cover (the guarantee fee, pledge, deposit, the deposit, guarantee) for participation of the nonresident in auctions/biddings/tenders;

9) the foreign investments which arrived for implementation to Ukraine;

10) on the correspondent accounts of nonresident banks in foreign currency opened in authorized banks;

11) on transactions on placement of deposits by nonresident banks on accounts in authorized banks;

12) for benefit of intermediary residents under commission agreements, orders, consignments or according to the agency agreements which are subject to further transfer to owners of means. If receipts in foreign currency are subject to further transfer to owners of means which are served in authorized banks, then authorized banks perform obligatory sale of receipts in foreign currency according to requirements of this Item;

13) on transactions on exchange of foreign currency on the accounts of residents opened outside Ukraine based on individual licenses of the National Bank of Ukraine;

14) arrived as the charitable help for benefit of her receivers;

15) returned at the initiative of the foreign bank receiver / intermediary provided that:

transfer was made at the expense of own (not purchased) means of the client;

the means of the client purchased by it in the interbank foreign exchange market of Ukraine were returned within seven days after day of their transfer by authorized bank. Such receipts are subject to obligatory sale in the interbank foreign exchange market of Ukraine for the eighth day after day of their transfer by authorized bank on condition of not excess of term of use by the resident of the purchased foreign currency specified in Item 3 of the Section III of the Provisions on procedure and terms of trade in foreign currency approved by the resolution of Board of the National Bank of Ukraine of August 10, 2005 No. 281, registered in the Ministry of Justice of Ukraine on August 29, 2005 on No. 950/11230 (with changes);

16) arrived as the wrong translation.

17) on the credit/loan attracted by the resident borrower from the nonresident under the relevant agreement provided that this resident uses such receipts only for accomplishment of own debt obligations in foreign currency before creditors (nonresidents, authorized banks) under other credit agreements / loan agreements (return of credit/loan, interest payment and other payments established by the credit agreement / loan agreement, with obligatory compliance with law of Ukraine, regulating implementation of such currency transactions). Use on other purposes of receipts in foreign currency which are exempted from obligatory sale based on the subitem 17 of Item 2 of this resolution is not allowed.

18) on credit/loan provided that (fully or partially) participates in realization of such credit / loan (by crediting, insurance, providing, the guarantee) the foreign person into whose list of participants (shareholders) the foreign state having official rating assessment enters is not lower than category A, confirmed in the bulletin of one of the leading world rating companies (Fitch Ratings, Standard & Poor "s, Moody" s).

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