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;
5-1) foreign missions - the foreign diplomatic, consular, trade, other official missions and organizations of the international organizations using immunity and diplomatic privileges, representative offices of foreign banks, legal nonresident persons in Ukraine;
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, the stipulated in Article 20 Laws of Ukraine "About 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;
8-1) returnable financial aid - loan which does not provide interest payments or provision of other types of compensations in the form of payment for use of such means;
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, the Procedure for application of reflection in the electronic form for information containing in the passport of the citizen of Ukraine in the form of card and reflections in the electronic form of information containing in the passport of the citizen of Ukraine for trip abroad during implementation of the pilot project on application of the specified reflections, No. 278 approved by the resolution of the Cabinet of Ministers of Ukraine of April 15, 2020 (with changes) 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 paragraph one of item 4 of the Section I of this provision do not extend to transactions on purchase of non-cash foreign currency by physical persons, transactions on purchase of bank metals without physical delivery by physical persons and transaction on purchase of bank metals without physical delivery in insignificant size by legal entities, physical persons - subjects of business activity (further - physical persons entrepreneurs) during the calendar day within bank on one client, determined in Item 37 of the Section IV of this provision, and also on transaction on purchase of non-cash foreign currency by public authorities, authorized to perform pre-judicial investigation, for implementation of the actions determined by article 8 of the Law of Ukraine "About operational search activities", article 5 of the Law of Ukraine "About fight against terrorism", Articles 271 and 273 of the Criminal Procedure Code of Ukraine by them and Public treasurer service of Ukraine.
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, including transfer of foreign currency which was purchased in insignificant size, in case of change of equivalent of the purchased currency due to change of the foreign exchange rates for date of implementation of the translation earlier. 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.
Clients of authorized institutions - physical persons do not submit the documents testimonial of availability of bases/obligations at them for implementation of transactions on purchase of foreign currency / bank metals, also on the amount which exceeds the amount (in equivalent) in insignificant size.
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.
6. Requirements of paragraph one of Item 5 of the Section I of this provision do not extend to currency transactions in the presence of signs of crushing of set of the connected corresponding financial transactions.
6-1. The investor under the production sharing agreement (representation of the foreign investor under the production sharing agreement in the territory of Ukraine):
1) does not file the documents testimonial of availability of bases/obligations at it for implementation of transactions on purchase of foreign currency from its current account opened (intended) for servicing of activities for the agreement on distribution of products (such transactions are performed based on the statement/order about purchase of foreign currency);
2) has the right to use the foreign currency purchased according to the subitem 1 of Item 6-1 of the Section I of this provision only for servicing of the activities connected with the production sharing agreement.
7. Clients perform currency transactions on purchase of foreign currency / bank metals, transfer of foreign currency / bank metals/hryvnia based on originals of documents (including electronic the document) or copies in electronic/paper form with originals of documents on information papers.
Copies of documents are electronically created by the client by scanning of the original document on paper of information and make sure the qualified/advanced digital signature of the client (for legal entities - the authorized signature of the client) created according to requirements of the legislation in the sphere of provision of electronic confidential services (further - the electronic copy of the document). Physical resident persons have the right to certify copies of documents electronically the simple digital signature according to procedure which is provided in the internal documents of bank developed according to requirements of the Regulations on application of the digital signature in bank system of Ukraine approved by the resolution of Board of the National Bank of Ukraine of August 14, 2017 No. 78.
Electronic documents / electronic copies of documents can move means of information and telecommunication systems (including systems of remote servicing) the method determined in the contract between bank and the client and shall remain in authorized institution stored. The contract between bank and the client shall determine conditions and procedure (procedure) for recognition by subjects of electronic interaction of transactions in the form of electronic documents with use of the digital signature.
Copies of documents shall be certified of paper form by the signature of the client / the authorized person of the client and remain in bank stored.
Clients of authorized institutions can use the e-passport and the e-passport for trip abroad for implementation of currency transactions.
8. Resident clients (legal entities and physical persons entrepreneurs) perform purchase of foreign currency through one bank for calculations for the current trading activities with the nonresident under each external economic agreement.
Clients (residents and nonresidents) perform currency transactions (purchase of foreign currency, money transfers) determined in Item 45-1 of the Section IV, Item 75 of the Section VII of this provision through one bank.
Clients of bank make transfer of the relevant external economic agreement / implementation of the transactions determined in Item 45-1 of the Section IV, Item 75 of the Section VII and Item 91 Section IX of this provision on servicing in other bank based on the written address which shall be registered according to domestic situation on the organization of clerical work. This written address shall contain permission of the client to receipt of information on incomplete calculations (condition of calculations) on the external economic agreement / on the transactions determined in Item 45-1 of the Section IV, Item 75 of the Section VII of this provision from bank through which calculations under this agreement were perfromed.
The bank in which the external economic agreement / the transactions determined in Item 45-1 of the Section IV, Item 75 of the Section VII of this provision no later than the third working day from the date of receipt of the written address of the client are translated/are transferred to servicing shall address to bank through which payments/payment under the external economic agreement / on these transactions, for receipt of all information on incomplete calculations (condition of calculations) of the client on these/these agreements/transactions which is available for it behind the authorized signature of bank were performed. The bank shall provide information on incomplete calculations (condition of calculations) of the client no later than the fifth working day from the date of receipt of the appeal of bank in which this agreement / transactions is translated to servicing.
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