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 in the sphere of realization of special economic and other rationing measures (sanctions)

1. Approve Regulations on procedure for the organization and implementation of supervision in the sphere of financial monitoring, currency supervision, supervision in the sphere of realization of special economic and other rationing measures (sanctions) which are applied.

2. No. 37 is excluded according to the Resolution of Board of the National Bank of Ukraine of 04.04.2024

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.

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 in the sphere of realization of special economic and other rationing measures (sanctions)

I. General provisions

Requirements of this provision extend on:

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

2) insurers (overcautious persons), insurance (reinsurance) brokers, credit unions, pawnshops, other financial institutions, registration or licensing of which is performed by National Bank;

3) the operators of mail service providing financial payment services and/or services of postal order, and/or service in implementation of currency transactions;

4) operators of payment systems;

5) branches or representative offices of foreign business entities which provide financial services in the territory of Ukraine;

6) other legal entities who on the legal status are not financial institutions, but provide separate financial services, state regulation and supervision of which activities is exercised by National Bank.

The legal entities specified in subitems 2-6 of Item 1 of the Section I of this provision hereinafter are referred to as further "organizations".

2. Terms in this Provision are used in the following values:

1) the act of results of permanent supervision (further - the act) - the official document constituted and signed by the authorized employee of National Bank by results of permanent supervision according to requirements of the Section IV of this provision;

2) permanent supervision analysis of activities of bank/organization concerning observance of requirements of the legislation of Ukraine by bank/organization which is carried out on permanent basis taking into account risk - the oriented approach by employees of National Bank without their presence on the bank/organization location;

3) exit check - scheduled or unscheduled inspection of bank/organization concerning observance of requirements of the legislation of Ukraine by bank/organization which is carried out by inspection team of National Bank (further - inspection team) taking into account risk - the oriented approach directly on the bank/organization location with right to use of remote access to documents/information/systems of automation of bank/organization, implementation of exchange of information in the form of electronic documents / means of mail service for certain period of his / her activities;

4) date of exit check - calendar date as of which exit check is performed and is displayed the state of affairs of bank/organization in the certificate of exit check;

5) data of videoarchive data which the system of video surveillance contains, received in case of registration and archiving of video signal according to requirements of the regulatory legal act of National Bank concerning the organization of protection of rooms which can demonstrate violation of requirements of the legislation of Ukraine in the sphere of financial monitoring, currency supervision, supervision concerning the sanctions legislation;

6) these photos - / videofiksatsii-dannye, including data on date and time of carrying out such photo - / the video fixings received as a result of carrying out photo by the employee of National Bank - / video fixings by office technical devices of the facts which can demonstrate non-compliance (violation) with requirements of the legislation of Ukraine by bank/organization in the sphere of financial monitoring, currency supervision, supervision concerning the sanctions legislation;

7) the certificate of exit check - the official document containing results of exit check which is constituted and signed according to requirements of the Section II of this provision;

8) the electronic document - any document (the letter / the initial letter / the cover letter, request, the order, the certificate of exit check / act of results of permanent supervision, other document determined by requirements of this provision) kept and/or created electronically and signed by imposing of the qualified digital signature of the corresponding authorized person;

9) information collection interview method when implementing exit check in the form of conversation (conversation) with fixation of questions and answers;

10) the head of bank / uchrezhdeniya-predsedatel boards the bank/head the organization/head of branch of foreign bank or person fulfilling duties of one of specified persons;

11) management of National bank chairman of National Bank, the vice-chairman of National Bank performing the common directorship and controlling activities of structural division of central office of National Bank which (division) exercises supervision of observance of requirements of the legislation of Ukraine by banks/organizations (further - Department) or person fulfilling duties of one of specified persons;

12) check - exit check, permanent supervision;

13) checking transaction - the operation performed during exit check by implementation of experiment with use of test situation with participation of the employee of National Bank (including carrying out transaction under condition when to bank/organization previously it is not reported about its carrying out) for the purpose of check of observance by bank/organization of the National Bank of procedure established by regulatory legal acts on one or several such questions:

carrying out currency exchange transactions;

acceptance of measures by bank/organization for the purpose of prevention of implementation of transactions/establishment of business relations with persons included in the list of terrorists;

identification by bank/organization of the physical persons and legal entities specified in sanctions lists (further - sanctions person), and persons acting on behalf of sanctions persons among clients and other participants of the financial transactions performed by bank/organization or by means of bank/organization and/or financial transactions of which the bank/organization knew in holding time of clients;

14) the period which is subject to exit check - the period of activities of bank/organization checked by inspection team on observance of requirements of the legislation of Ukraine by him / her;

15) scheduled exit inspection - the exit check which is carried out according to the approved National Bank of the annual plan of exit checks concerning observance of requirements of the legislation of Ukraine by banks/organizations (dalee-Plan);

16) unscheduled exit inspection - the exit check which is carried out according to the order signed by management of National Bank;

17) violations of requirements of the legislation the facts of violations of the law of Ukraine which are Ukraine-revealed during conducting check concerning financial monitoring, the facts of violations of the foreign and/or sanctions exchange legislation, and also the facts of failure to meet requirements and the restrictions in activities of bank/organization in the sphere of financial monitoring, currency supervision, supervision concerning the sanctions legislation established by National Bank;

18) structural division of organization branch, other isolated structural division, not separated structural division, exchange bureau of foreign currency, cash desk of organization, object of mail service of the operator of mail service;

19) the authorized officer of National Bank - the head/deputy manager of Department or the division manager as a part of department which (division) exercises supervision of observance of requirements of the legislation of Ukraine by banks/organizations, or person fulfilling duties of one of specified persons.

Other terms in this Provision are used in the values determined in the Laws of Ukraine "About banks and banking activity", "About prevention of corruption", "About currency and currency transactions", "About sanctions", the Law on prevention and other legal acts, and also regulatory legal acts of National Bank.

3. The list of the questions which are subject to exit check and permanent supervision is determined taking into account risk - the oriented approach.

4. The electronic document provided by requirements of this provision goes electronically electronic communication channels of National Bank (information with limited access goes on condition of ensuring its confidentiality).

5. The documents provided by this Provision, составляются/предоставляются/отправляются in paper form in case of impossibility of their creation / sending in electronic form.

The National Bank has the right to send to bank/organization the copy of the document in paper form from the electronic document certified according to the procedure, established by the legislation of Ukraine, in the cases provided by this Provision.

6. Prior to scheduled exit inspection / at the beginning of unscheduled exit inspection the meeting with participation of heads of bank/organization, representatives of bank/organization, the authorized officer of National Bank, the head/deputy manager of inspection team, and also in need of employees of National Bank within whose competence the questions considered at such meetings are is held.

The meeting specified in paragraph one of Item 6 of the Section I of this provision is not held in case of conducting exit check of separate structural division of organization without conducting exit check of organization - the legal entity.

The National Bank on own initiative can hold meeting:

1) in case of establishment by results of permanent supervision of violations;

2) during exit check / permanent supervision;

3) after completion of exit check of bank/organization.

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