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RESOLUTION OF BOARD OF THE NATIONAL BANK OF UKRAINE

of June 30, 2020 No. 90

About approval of the Regulations on procedure for the organization and implementation of supervision in the sphere of financial monitoring, currency supervision, supervision concerning realization and monitoring of efficiency of personal special economic and other rationing measures (sanctions)

According to Articles 7, of 15, of 44, of 55, 56 Laws of Ukraine "About the National Bank of Ukraine", article 63 of the Law of Ukraine "About banks and banking activity", to Articles 3, 18 Laws of Ukraine "About prevention and counteraction of legalization (washing) of income gained in the criminal way or to financing of terrorism and financing of distribution of weapons of mass destruction", article 11 of the Law of Ukraine "About currency and currency transactions", to the Law of Ukraine "About sanctions" and for the purpose of increase in efficiency of implementation taking into account risk - the oriented approach of supervision 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, currency supervision, supervision of observance of requirements of regulatory legal acts of the National Bank of Ukraine which introduces restrictions on carrying out transactions which have the purpose / break, promote or can promote avoidance/violation of the restrictions set by special personal economic and other rationing measures (sanctions), the Board of the National Bank of Ukraine DECIDES:

1. Approve Regulations on procedure for the organization and implementation of supervision in the sphere of financial monitoring, currency supervision, supervision concerning realization and monitoring of efficiency of personal special economic and other rationing measures (sanctions) (further - the Provision) which is applied.

2. Determine that conducting exit checks which are begun before entry into force of this resolution and registration of their results are performed by the National Bank of Ukraine according to requirements of regulatory legal acts of National Bank concerning procedure for conducting checks in the sphere of financial monitoring and currency supervision which were effective before entry into force of this resolution.

The National Bank of Ukraine in case of consideration of question of application of corrective actions invites according to requirements of Item 8 of the Section I of the Provision person (persons) of bank/organization authorized (representatives) for giving explanations/objections concerning circumstances, the facts which can demonstrate violations of requirements of the legislation in the sphere of financial monitoring, currency supervision, supervision concerning realization and monitoring of efficiency of personal special economic and other rationing measures (sanctions) revealed when implementing supervision.

3. Recognize invalid regulatory legal acts of the National Bank of Ukraine according to the list which is attached.

4. To department of financial monitoring (Igor Bereza) to inform banks and organizations information on adoption of this resolution by official publication of this resolution on the page of official Internet representative office of the National Bank of Ukraine.

5. To impose control over the implementation of this resolution on the First Deputy Chairman of the National Bank of Ukraine Ekaterina Rozhkova.

6. The resolution becomes effective since July 1, 2020.

Chairman

Ya. Smoly

Approved by the Resolution of Board of the National Bank of Ukraine of June 30, 2020 No. 90

Regulations on procedure for the organization and implementation of supervision in the sphere of financial monitoring, currency supervision, supervision concerning realization and monitoring of efficiency of personal special economic and other rationing measures (sanctions)

I. General provisions

1. This Provision is developed according to article 7 of the Law of Ukraine "About the National Bank of Ukraine", article 63 of the Law of Ukraine "About banks and banking activity", article 18 of the Law 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" (further - the Law on prevention), article 11 of the Law of Ukraine "About currency and currency transactions", to the Law of Ukraine "About sanctions", for the purpose of establishment of procedure for the organization and implementation by the National Bank of Ukraine (further - National Bank) supervision 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 (further - legalization of the criminal income / terrorism financing), currency supervision, supervision of observance of requirements of regulatory legal acts of National Bank which introduce restrictions on carrying out transactions,

which have the purpose / broken, promote or can promote avoidance/violation of the restrictions set by special personal economic and other rationing measures (sanctions) (further - the sanctions legislation).

2. This Provision extends on:

1) banks, their separate divisions and branches of foreign banks (further - banks);

2) insurers (overcautious persons), insurance (reinsurance) brokers, credit unions, pawnshops and other financial institutions (except financial institutions and other legal entities concerning whom state regulation and supervision in the sphere of prevention and counteraction are performed by other subjects of the state financial monitoring); payment institutes, participants or members of payment service providers which provide financial services based on the corresponding licenses or registration documents; operators of mail service; other organizations providing services in money transfer and implementation of currency transactions; branches or representative offices of foreign business entities which provide financial services in the territory of Ukraine, other legal entities who on the legal status are not financial institutions, but provide separate financial services; non-bank financial institutions, their structural divisions, and also operators of mail service who obtained the license of National Bank for implementation of currency transactions or the general license for implementation of currency transactions which did not void after enforcement of the Law of Ukraine "About currency and currency transactions" (further - organizations).

3. Terms in this Provision are used in such value:

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