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RESOLUTION OF BOARD OF THE NATIONAL BANK OF UKRAINE

of December 17, 2021 No. 145

About features of implementation of exit checks in the sphere of financial monitoring, currency supervision, supervision concerning realization and monitoring of efficiency of personal special economic and other rationing measures (sanctions) during the quarantine

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", 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", article 11 of the Law of Ukraine "About currency and currency transactions" for ensuring proper continuous 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 concerning carrying out transactions which have the purpose / break, promote or can promote avoidance/violation of restrictions, established by personal special economic and other rationing measures (sanctions), in the form of exit checks in the conditions of the quarantine established by the Cabinet of Ministers of Ukraine for the purpose of prevention of distribution in the territory of Ukraine of koronavirusny disease (COVID-19), and minimization of possible risks for life and health of workers of objects of check, the Board of the National Bank of Ukraine DECIDES: employees of the National Bank of Ukraine

1. By the authorized National Bank of Ukraine on implementation of exit check to persons [the head of inspection team, his deputy, members of inspection team who are part of inspection team, specified in the administrative act of the National Bank of Ukraine (further - members of inspection team)] during the quarantine established by the Cabinet of Ministers of Ukraine for the purpose of prevention of distribution in the territory of Ukraine of koronavirusny disease (COVID-19) (further - quarantine) to carry out exit inspections 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 normative legal acts of the National Bank of Ukraine which introduces restrictions concerning carrying out transactions which have the purpose / break, promote or can promote avoidance/violation of the restrictions set by personal special economic and other rationing measures (sanctions) (further - exit check), persons specified in Item of 1 part one of 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", 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 "About Currency and Currency Transactions" (further - object of check), according to 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), the approved resolution of Board of the National Bank of Ukraine of June 30, 2020 No. 90 (further - No. Provision 90), taking into account the requirements and features determined by this resolution.

2. The head/deputy manager of inspection team during the quarantine shall coordinate work of members of inspection team so that to provide:

1) observance by members of inspection team when implementing exit check in object of check of necessary precautionary measures (use of individual remedies and anti-septic tanks, observance of social distance);

2) minimum necessary simultaneous presence of members of inspection team in object of check;

3) exchange of information and documents with object of check with use of information and communication technologies in real time or by sending via secure channels of communication;

4) holding meetings in the mode of videoconference and/or telephone communication, interview - in the videoconference mode.

3. To the head of object of check during conducting exit checks during quarantine:

1) to provide observance by workers of object of check who contact to members of inspection team, necessary precautionary measures (use of individual remedies and anti-septic tanks, observance of social distance);

To provide 2) for effective work of members of inspection team in the conditions of quarantine in case of availability of production/technical capability:

remote access to members of inspection team to required documents and information of object of check [in the form of electronic files, copies of the documents in paper form made by their scanning or creation of photocopies, the electronic documents certified by the qualified digital signature (further - KEP) corresponding authorized person], taking into account those which contain information with limited access or their sending by e-mail of the National Bank of Ukraine (information with limited access is processed by means of the software "Automated workplace-NBU-information") or transfer on replaceable data carriers;

remote access to members of inspection team to systems of automation of object of check which are used by object of check (without the right of introduction, change, removal and unauthorized copying of information), and also technological and consulting support concerning functioning of such systems.

4. The head of object of check shall organize remote access (in case of possibility of provision of such access with observance of the requirements of information security established by regulatory legal acts of the National Bank of Ukraine on the technology used by object of check for remote access for workers of object of check with use of technical means (computer equipment) of object of check or the National Bank of Ukraine.

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