RESOLUTION OF BOARD OF THE NATIONAL BANK OF UKRAINE

of February 25, 2022 No. 23

About some questions of activities of banks and banking groups

According to Articles 6, of 7, of 15, of 55, 56 Laws of Ukraine "About the National Bank of Ukraine", to Articles 66, of 67, 73 Laws of Ukraine "About banks and banking activity", to the Law of Ukraine "About legal regime of warlike situation", to the Law of Ukraine of February 24, 2022 No. 2102-IX "About approval of the Presidential decree of Ukraine "About introduction of warlike situation in Ukraine", to the Presidential decree of Ukraine of February 24, 2022 No. 64/2022 "About introduction of warlike situation in Ukraine", for the purpose of minimization of negative impact of consequences of military aggression of the Russian Federation against Ukraine and assistance of banking system stability of Ukraine the Board of the National Bank of Ukraine DECIDES:

1. Approve Rules of work of banks in connection with introduction in Ukraine of warlike situation (further - Rules) which are attached.

2. Not perform in 2022 and in 2024 annual assessment of the stability of banks provided by the Regulations on implementation of assessment of stability of banks and bank system of Ukraine approved by the resolution of Board of the National Bank of Ukraine of December 22, 2017 No. 141 (with changes).

2-1. Not apply requirements:

1) the Section IX of the Regulations on plans of the recovery of activities of banks of Ukraine and banking groups approved by the resolution of Board of the National Bank of Ukraine of July 18, 2019 No. 95 (with changes) (further - No. Provision 95), to plans of recovery of activities of banks / the banking groups developed in 2021 except plans of recovery of activities of banks / banking groups updated since 2024;

2) paragraph two of Item 28 of the Section Vpolozheniya No. 95 during updating in 2024 of plans of recovery of activities of systemically important banks.

2-2. To banks which shall carry out external efficiency evaluation and qualities of work of division of internal audit in 2022 for the purpose of observance of the requirement of the subitem 1 of Item 32 of the Section VII of the Regulations on the organization of the internal audit in banks of Ukraine approved by the resolution of Board of the National Bank of Ukraine of May 10, 2016 No. 311 (with changes), to carry out such assessment in 2023.

3. To banks not to perform:

1) capital allocation in any form, except the direction of profit on increase in the authorized capital, forming of general reserves and funds of bank which join in fixed capital of 1 level, covering of losses of last years;

2) dividend payouts to shareholders, except:

dividend payouts according to preferred shares;

the dividend payouts directed to the Government budget of Ukraine.

3-1. Provide to banks storage of part of the means in national currency which are compulsorily withdrawn according to the Law of Ukraine "About the basic principles of forced withdrawal in Ukraine of objects of the property right of the Russian Federation and its residents" (further - the Law), and also the means received from ownership of property right objects, withdrawn according to the Law (further - Means), from the date of their forced withdrawal / obtaining about day of their transfer in accordance with the established procedure for transfer in the Government budget of Ukraine, on correspondent account in the National Bank of Ukraine over the amount which is credited by banks for forming of required reserves according to requirements of normative and legal and administrative acts of the National Bank of Ukraine which regulate questions of forming and storage of required reserves by banks of Ukraine and branches of foreign banks.

The part of means which is subject to storage on correspondent account in the National Bank of Ukraine over the amount credited by banks in forming of required reserves is calculated by the following formula:

Chkkr = To • (1-Nor/100%),

where Chkkr - the part of means which is subject to storage on correspondent account in the National Bank of Ukraine over the amount credited by banks for forming of required reserves;

K-means;

Holes - the standard rate of obligatory reservation in national currency, is applied to Means according to requirements of normative and legal and administrative acts of the National Bank of Ukraine which regulate questions of forming and storage of required reserves by banks of Ukraine and branches of foreign banks.

3-2. Provide to banks storage of part of means in national currency in the amount, not the smaller amount of the means blocked in connection with application of special economic and other rationing measures (sanctions) according to the Law of Ukraine "About sanctions" (further - the Law on sanctions), from the date of, the edition of the corresponding presidential decree of Ukraine following behind day About enforcement of the decision of the National Security and Defense Council of Ukraine concerning application of sanctions, by Day of the termination of effective period of sanctions/cancellation of sanctions/collection of such means in the income of the state on correspondent account in the National Bank of Ukraine over the amount credited by banks in forming of required reserves according to requirements of normative and legal and administrative acts of the National Bank of Ukraine which regulate questions of forming and storage of required reserves by banks of Ukraine and branches of foreign banks.

Part of the means which are subject to storage on correspondent account in the National Bank of Ukraine in accordance with the terms, determined in paragraph one of Item 3-2 of this resolution, over the amount credited by banks in forming of required reserves is calculated by the following formula:

Chkkr = To o (1 Holes / 100%),

where Chkkr - part of the means in national currency blocked in connection with application of special economic and other rationing measures (sanctions) according to the Law on sanctions which is subject to storage on correspondent account in the National Bank of Ukraine over the amount credited by banks in forming of required reserves;

To - the means in national currency blocked in connection with application of special economic and other rationing measures (sanctions) according to the Law on sanctions;

Holes - the standard rate of obligatory reservation in national currency applied to the means in national currency blocked in connection with application of special economic and other rationing measures (sanctions) according to the Law on sanctions according to requirements of the normative and legal and administrative acts of the National Bank of Ukraine regulating questions of forming and storage of required reserves by banks of Ukraine and branches of foreign banks.

3-3. Provide to banks storage of means in foreign currency in the amount, not the smaller amount of the means blocked in connection with application of special economic and other rationing measures (sanctions) according to the Law on sanctions, in full on the correspondent account of bank opened in other bank in the corresponding foreign currency from the date of, the edition of the corresponding presidential decree of Ukraine following behind day about enforcement of the decision of the National Security and Defense Council of Ukraine concerning application of sanctions, about day of expiration of sanctions/cancellation of sanctions/collection of such means in the income of the state.

To banks in which means of sanctions persons are stored, in case of implementation by nonresident bank unilaterally of converting (exchange) of Russian rubles for other foreign currency in the cases determined in Item 18 of the Section VII of the Law of Ukraine "About banks and banking activity" to provide on permanent basis storage on correspondent account of bank of means in the foreign currency received as a result of such converting (exchange) in the amount, not smaller, than the amount of the means blocked in connection with application of special economic and other rationing measures (sanctions) according to the Law on sanctions.

The bank determines equivalent of the amount of the blocked means in Russian rubles in the corresponding foreign currency which is kept on correspondent account of bank, on cross-rate of Russian rubles to US dollar and such foreign currency to US dollar.

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