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RESOLUTION OF BOARD OF THE NATIONAL BANK OF UKRAINE

of July 7, 2022 No. 141

About activities of participants of the market of non-bank financial services in the territorial communities located around carrying out military (fighting) operations or which are in temporary occupation, cordon (blocking) or in the territory, which under the threat of carrying out military (fighting) operations

According to Articles 3, of 27, 99 Constitutions of Ukraine, to Articles 7, of 15, 56 Laws of Ukraine "About the National Bank of Ukraine", to Articles 21, 28 Laws of Ukraine "About financial services and state regulation of the markets of financial services", article 36 of the Law of Ukraine "About insurance", article 26 of the Law of Ukraine "About credit unions", to the Presidential decree of Ukraine of February 24, 2022 No. 64/2022 "About introduction of warlike situation in Ukraine", to No. 2102-IX approved by the Law of Ukraine of February 24, 2022 "About approval of the Presidential decree of Ukraine "About introduction of warlike situation in Ukraine", considering the resolution of the Cabinet of Ministers of Ukraine of April 16, 2022 No. 457 "About support of separate categories of the population which suffered in connection with military aggression of the Russian Federation against Ukraine" (with changes) and the regulatory legal act of the Ministry of questions of reintegration of temporarily occupied territories of Ukraine, which determines the list of the territorial communities located around carrying out military (fighting) operations or which are in temporary occupation, cordon (blocking), for the purpose of prevention of threat of life and to health of workers and clients of participants of the market of the non-bank financial services Board of the National Bank of Ukraine DECIDES:

1. Distribute requirements of this resolution of participants of the market of non-bank financial services, supervision of which activities is exercised by the National Bank of Ukraine:

1) non-bank financial institutions;

2) legal entities who are not financial institutions, but have the right to provide separate financial services.

2. Persons specified in Item 1 of this resolution, considering priority of safety, preserving life and health of the employees and clients in settlements of the territorial communities specified in the List of the territorial communities located around carrying out military (fighting) operations or which are in temporary occupation, cordon (blocking) approved by the regulatory legal act of the Ministry of questions of reintegration of temporarily occupied territories of Ukraine (further - the List), can make the decision relatively:

1) the temporary termination of activities of head office, separate divisions (branches, departments, representations) located in settlements of the territorial communities specified in the List and in which there is threat of life and to health of workers and clients of specified persons;

2) minimization of balances in cash in cash desks of head office, separate divisions (branches, departments, representations) located in settlements of the territorial communities specified in the List and in which there is threat of life and to health of workers and clients of specified persons, with observance of requirements of the legislation of Ukraine by placement (storage) of money on the current and deposit accounts in banks;

3) implementation of backup of databases, the accounting and registering systems with observance of requirements of the legislation of Ukraine on personal data protection on separate data carriers and/or with use of the cloud services provided with use of the equipment located in Ukraine [except settlements of the territorial communities specified in the List or located in the territory which is temporarily occupied is under the threat of carrying out military (fighting) operations or hit in temporary occupation, cordon (blocking)], the State Parties of the European Union, the European community, Great Britain, the United States of America or Canada.

3. The faces specified in Item 1 of this resolution, located in the territory which is under the threat of carrying out military (fighting) operations or hit in temporary occupation, cordon (blocking) can make the decision relatively:

1) minimization of balances in cash in cash desks of head office, separate divisions (branches, departments, representations) located in the corresponding territory with observance of requirements of the legislation of Ukraine by placement (storage) of money on the current and deposit accounts in banks;

2) implementation of backup of databases, the accounting and registering systems with observance of requirements of the legislation of Ukraine on personal data protection on separate data carriers and/or with use of the cloud services provided with use of the equipment which is located in the states - members of the European Union, the European community, Great Britain, the United States of America or Canada.

4. Persons specified in Item 1 of this resolution bear responsibility for safety, confidentiality and personal data protection of clients.

5. If there is no threat of life and to health of the workers to provide to persons specified in Item 1 of this resolution in case of technical capability with observance of requirements of the legislation of Ukraine in settlements of the territorial communities specified in the List, opportunity:

1) continuations of customer service by means of systems of remote servicing;

2) carrying out the calculations connected with provision of financial services in non-cash form.

6. Persons specified in Item 1 of this resolution perfrom clearing settlements in the territory of the territorial communities specified in the List before the circumstances excluding possibility of their carrying out / implementation.

7. To persons specified in Item 1 of this resolution after deokkupation of settlements and/or the termination of carrying out military (fighting) operations in the territory of settlements, the territorial communities specified in the List to take immediate measures on recovery of work of the main office and/or separate divisions (branches, departments, representations), possibility of implementation of clearing settlements, recovery of cash servicing and carrying out other transactions with cash.

8. The resolution becomes effective from the date of, its official publication following behind day.

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